Showing posts with label Should. Show all posts
Showing posts with label Should. Show all posts

Monday, November 26, 2012

Should You Make A Medical Negligence Claim?

When we have been mistreated by a medical professional we are entitled to compensation via a medical negligence claim. However, many people are reluctant to make such a claim. There are a number of reasons for this.

Not Knowing Your Rights

Some people aren't even aware that they are entitled to make a medical negligence claim if they have been mistreated, misdiagnosed or received poor care. Of course, the medical profession isn't going to shout about the fact and so patients are largely unaware of their rights. It IS the case, though, that if you have suffered because of poor treatment then you CAN make a claim.

Not Knowing If You Qualify

A lot of people are understandably unsure if they qualify for medical negligence compensation. It is a complicated area of law but if you feel you have suffered physical or mental symptoms as a result of poor care, misdiagnosis, poor treatment or even bad advice then it is worth contacting a medical negligence solicitor so they can review your case and advise you accordingly.

They will establish if the person or institution had a duty of care towards you, whether or not they failed in that duty of care and the level of suffering you have experienced. All of this will help determine if you have a case or not and what level of compensation the solicitor will seek on your behalf.

If you do have a case they will then be able to progress medical negligence claims on your behalf and you can look forward to some level of compensation that will aid you in your recovery.

Feeling Guilty About Suing

Medical practitioners are, in the main, people we trust. This especially applies to GPs and midwives but even they can make mistakes. However, because of the trust we put in them and the often close relationship we can have with them some people find it very difficult to bring a claim when a mistake is made.

We don't want to think that we'll be ruining the career of a GP we've known all our lives or a midwife that had done a great job but made one small mistake. This is perfectly understandable, but it doesn't change the fact that there is still a case for medical negligence and the compensation that can follow.

Patients should remember that they won't be receiving their compensation directly out of the pockets of their GPs or other medical people, they will be paid out of the substantial insurance that every medical professional has. It is also unlikely that any careers will be ruined unless the mistake was incredibly serious and the professional is deemed unable to do their job - in which case, you are doing future patients a favour by removing them from harm.

Whatever your feelings about the likelihood of having a case or doubts about suing, speak to a specialist medical negligence solicitor to get the best advice there is and to ensure that you you receive the correct level of compensation should it be determined that you have, indeed, suffered from some kind of medical mistake.

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Should I Sue My Doctor?

The family doctor, or general practitioner (GP), is part of the fabric of life in the UK, nearly everyone has one and they have likely had the same one for many years. Indeed, it is common for a doctor to know a patient from birth right through to old age.

Doctors or GPs become confidantes, friends in some cases, and in smaller communities are essential for everyone. So when one makes a mistake in your diagnosis or treatment and you are entitled to make a claim for compensation due to their medical negligence all sorts of moral questions arise.

Suing a doctor is not an easy decision to make, especially when they are close to you and your family. On the one hand, you are not going to want to upset or hurt your GP and friend, you aren't going to want to cost them money or damage their reputation. But at the same time, you could have suffered longer than you needed to or seen a condition get worse due to your doctor's mistake and you are, by law, entitled to compensation.

Every case is different and every person is different. Some will have no qualms in trying to get what they are due in the form of compensation, others will feel that the suffering they caused is not so bad that they wish to sue their doctor and others still will feel they suffered greatly and will reluctantly make a claim in order to receive the financial support they now need.

It is up to the individual to make a decision on whether to sue a GP or not based on their own individual circumstances, but if the decision is taken to proceed with a claim, then seeking professional, specialist help is a must.

Cases such as this, while delicate, are also complex matters and a specialised medical negligence solicitor is the ideal person or company to contact in order to make sure your claim is valid and will succeed. Many such solicitors exist and, if you are worried about the cost of going to court, offer no win, no fee and legal aid services.

In order to find a solicitor you can trust it is worth asking family and friends for personal recommendations, but if they don't have experience of a medical negligence specialist then searching the internet for "medical negligence solicitors manchester" and reading online reviews is an acceptable alternative.

The important thing is that, once having taken the difficult decision to sue your doctor, you feel comfortable with the individual or company that will represent you and plead your case in court.

Depending on the nature of the medical negligence and the suffering caused, medical negligence compensation can be in the tens or hundreds of thousands - for many, this is reason enough to pursue a claim against their doctor and is certainly motivation to find a good, trustworthy solicitor.

It is also worth remembering that your doctor will have insurance against this sort of thing and so is unlikely to be left out of pocket by your compensation claim.

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