The Steps In Filing A Medical Negligence Claim

December 24, 2009 by admin · Leave a Comment
Filed under: Medical Profession 

In safe handsAs soon as you suspect that you’ve suffered from clinical negligence you need to talk to an attorney. The sooner you start filing a claim, the better your chances of proving that you’ve been a victim of negligence. There are many qualified attorneys that specialize in this area that can help you win your medical negligence claim.

After you’ve chosen an attorney, they will listen carefully to your complaint and decide if you have a basis for filing a claim. In the next step the attorney will send a letter of claim to any medical personnel involved in your case. The letter will inform them about your complaint and request all of your medical records pertaining to your case.

When the attorney receives your records, they will be carefully examined. Generally, a medical expert will be retained to inspect each and every procedure that was performed and determine if there is a basis for a medical negligence claim. This consulting expert should be someone that is trained and experienced in the medical field in which your injury occurred.

You will also need to undergo a medical examination and testing to determine the extent of your injuries and the future prognosis. Once all this has been completed, you case will be ready for trial. But, in many cases, insurance companies and medical personnel would rather settle out of court rather than to have the complaints heard publicly.

Reasons To File A Clinical Negligence Claim

July 2, 2009 by admin · Leave a Comment
Filed under: Medical Profession 

clinical2Clinical negligence has become a very common, serious problem around the world. But, just because your condition has gotten worse after medical treatment, that doesn’t mean it was due to negligence. There are several basic reasons why someone might file a claim for clinical negligence.

Your health care provider should perform a detailed examination. If there aren’t any obvious reasons for your illness or medical problems, tests should be ran to try to determine the cause. Once the course of treatment is determined it should be provided in a timely and competent manner.

If your condition requires the services of a medical specialist, you should be referred to someone without a lengthy delay. You should always be informed of any risks associated with any medications or procedures. And, your health care provider should carefully monitor your condition.

You might need to file a claim for compensation for clinical negligence if you truly feel that your health care provider has failed in providing you with the best possible care. But, you won’t win a claim on your belief alone. You must be able to show the evidence that is needed to prove clinical negligence.

Unacceptable medical care not only results in physical pain and illness, it can also result in psychological injuries. It can cause temporary pain and suffering, or pain and disabilities that you will have to live with for the rest of your life.

In many cases, clinical negligence suits are settled long before they every reach a court trial. Most health care providers will offer to make an out of court settlement, especially if they feel that you have enough evidence to convince a jury that they provided inadequate medical care.