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Medical Negligence definition
As with aspects of the English language definitions can vary depending on the writer. For many medical negligence is when a patient receives care from a health care worker whether that be a doctor or a carer that was not believed to be up to the standard of care expected. Such below standards can be received through the care offered, through the medication that was prescribed which may have been totally the wrong one through to receiving the incorrect treatment. If the service provided then leads to the health of the patient deteriorating or another illness being created then negligence has occurred.
Where can medical negligence happen?
Many are under the reasoning that inorder for medical negligence to take place it must happen in the medical environment i.e. a hospital however medical negligence can take on all forms and can even happen in a patient’s own home if they need a carer or receive treatment by a district nurse that was of a poor standard. In addition negligence of this form can happen in most places that offer treatment including; cosmetic treatment salons, beauty shops, hair dressers and in most clinics that offer therapeutically treatments.
Who can be affected by medical negligence?
People receiving treatments and care by health care worker or medical staffs which was not what they expected and considered to be of a lower standard than expected ad in some way have been injured have been victim of a negligent act. If this care or treatment in some way caused the patient harm by worsening their illness or bringing on additional ailments then the patient has been a victim of medical negligence. Such negligence can also have a knock on affect and many families who have a member who receives poor treatment can also experience the fallout especially if the negligent act was severe and the patient is left needing a lot of care which falls on the family.
Reasons for filing a medical negligence claim
When a patient receives medical treatment that they ware disappointed in they may feel angry and upset, especially if in some way this has been detrimental to their health. Simply putting in a complaint can be enough when given a satisfying response that lessons have been learnt and such treatment will not happen again, however when that complaint is ignored then very often that compliant will become a claim as many victims of medical negligence want to be heard.
For other victims of medical negligence it is almost compulsory to claim compensation for the treatment that was received as such claimants have received such treatment that has severely damaged their health and need funds inorder to live the rest of their lives. Around the clock care and complete life adjustments are needed for patients who have been severely affected and this can only be gained trough compensation and the legal system.
Medical negligence time limit
If a medical negligence act has occurred and going down the claiming route has been decided then it is important that an expert medical negligence solicitors is contacted as cases that are brought earlier are better to fight in court as the evidence needed is accurate and valid. Most cases that are not brought within the first three years of knowledge are dismissed. There are exceptions;
- If a child has been affected by medical negligence then they have three years from the age of 18 years to make a claim
- A person with mental health issues has three years to claim after they have recovered
- If a mental ill person never recovers then they have a limitless time to make a claim
In all cases the court has the final decision and it is up to whoever resigns to make the final judgment.