Can you claim medical negligence for someone else?
Can you claim medical negligence for someone else?
Can I claim on behalf of someone else? In the vast majority of cases a person injured in an accident caused by someone else’s negligence will be the one making a claim for medical negligence compensation.
What is the law on medical negligence?
Clinical negligence law is an area of tort that provides legislation to protect both medical patients and providers. For example, a doctor may have misdiagnosed a patient or made a mistake when operating. Victims of negligent medical treatment can claim compensation in these kinds of circumstances.
What are the three elements of medical negligence?
There are specific elements that a plaintiff (the injured party) must prove in order to make a negligence claim. These are duty of care, breach and causation. If a plaintiff successfully proves these three elements, then the final part of a negligence claim involves damages.
How do you know if you have a medical negligence case?
The four required legal elements of a medical malpractice claim are as follows:
- A valid doctor-patient relationship existed;
- A medical professional violated the standard of care;
- The violation of that standard resulted in harm to the patient; and.
- The patient suffered real, compensable damages.
How do you prove medical negligence?
To prove that medical malpractice occurred, you must be able to show all of these things:
- A doctor-patient relationship existed.
- The doctor was negligent.
- The doctor’s negligence caused the injury.
- The injury led to specific damages.
- Failure to diagnose.
- Improper treatment.
- Failure to warn a patient of known risks.
Can you take legal action in a clinical negligence case?
So if you’re thinking about taking legal action, get legal advice from a solicitor specialised in clinical negligence cases. You can claim compensation for any injuries or losses suffered which were a direct result of the negligent treatment you received. This can include: compensation for psychological damage.
What do you need to know about medical negligence?
To prove medical negligence you must show that there was a failure to provide you with reasonable care AND that this failure caused you to suffer harm as a result of the care you received. The legal test often used for medical negligence is known as the Bolam Test.
Who is the best solicitor for medical negligence?
Our medical negligence solicitors have extensive experience of all types of medical negligence cases so you can rest assured we’ll be able to get the very best outcome for you and your case. Jeanette is head of the medical compensation team, specialising in medical negligence and personal injury claims.
How can I claim compensation for medical negligence?
You can claim compensation for any injuries or losses suffered which were a direct result of the negligent treatment you received. This may include: Compensation for pain and suffering. Payment for ongoing treatment. Compensation if you can’t carry out certain activities or hobbies.