MEDICAL NEGLIGENCE CLAIM
Medical Negligence Claim- If you have been the victim of negligence as a result of the actions or omissions of a medical professional than you may be entitled to claim damages against that persona or his/her employers to compensate you for your losses; both financial and for the pain and suffering caused.
Medical negligence claims are quite often long and extremely technical, requiring expert knowledge. Evidence can be very technical and thorough. Medicine is a complicated profession with no room for error. This is evident in most medical negligence cases.
To decide whether or not you have a medical negligence claim to bring we must look at many deciding factors. Initially, there must be some form of injury suffered by the plaintiff this can extend to a psychological injury caused by the defendant. Whether or not a duty of care was owed by the defendant to the plaintiff if the circumstances must also be investigated. More than likely given the nature of medical practice, there will be a duty of care owed.
The process of deciding whether a physician was in fact negligent is a complex one. It begins with the initial consultation and whether all material risks were fully disclosed to the patient. if not then the patient would be seen as uninformed.
This raises issues about the practice of defensive medicine and whether or not it can be reasonably expected of a physician to disclose all possible risks. A fully informed patient assumes all risks involved, therefore a physician working in a professional manner has the obligation and duty to inform of the material risks involved.
A doctor must then carry out the general approved normal course of treatment that he/she would generally be expected to by his/her peers in the medical profession. Failing to do so could result in a potential medical negligence claim against that doctor.
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