Archive for 'Medical Negligence'
What exactly is medical negligence?
Posted on 02. Nov, 2009 by admin.
Medical negligence is an act by a healthcare worker that differs from standards of care in the medical area and causes injury or death to the patient. Causes of medical negligence can range from improper cleaning of equipment, preventable medical errors, misdiagnosis and improper care. The majority of cases of medical negligence involve nursing home abuse, surgical mistakes, diagnosis and medication errors. The Department of Health sets and evaluates facility care guidelines. They also monitor and regulate medical licensure and complaints. You can ask for information as to what policies are protecting patient rights at any facility. You have the right to ask for policies and written standards of care. You also have the right to have all medications and procedures explained in non-medical or plain English. You also have the right to request copies of your records, or those of a family member if you are their medical power of attorney. Do not be afraid to ask questions. The healthcare worker may be busy, but it is their job to help. It is also beneficial to know that more facilities require a pass code or HIPPA code to access information. HIPPA, or Health Insurance Portability and Accountability Act, protects your information from being given to anyone who is not granted access by you.
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Understanding The Impact Of Medical Negligence
Posted on 25. Jan, 2009 by admin.
If you have heard or read the term medical negligence but you are not exactly familiar with its meaning, then you should maybe read about it, because it is a rather common phenomenon, though very unfortunate. Medical negligence refers to the deliberate act or omission made by a health care professional and provider, such as a doctor or a nurse or any other expert involved in medical care during which the care given deviates from the standards that are accepted in common in the medical community and result in injury or physical harm to the patient.
In the UK there is a particular authority, called the NHS Litigation Authority, that is responsible for dealing with the medical negligence cases that occur in both clinical and non clinical occasions.
Usually when you refer to medical negligence you associate it with physicians and surgeons, because that is where most malpractices usually occur. However you should be aware of the fact that you can file a claim against all personnel of a medical institution if there is a proven case of negligence and malpractice by someone among them. What is necessary to prove is that the person involved in practicing the necessary medical treatment was the one to cause some injury minor or otherwise, either by taking unnecessary risks, or by deciding on a treatment that was not appropriate, knowing the potential dangers and consequences.
This failure to follow accepted practices is something that can take a medical negligence case to the court very easily. This is a way to protect the patients from irresponsible doctors or even experimental cases and techniques, and a way to ensure that all physicians and medical personnel follow the necessary guidelines when doing their job.
If you think that you have been a victim of a medical negligence then you should contact a lawyer right away, because you need to check if your case can be taken to court and if you can file a compensation claim based on negligence and malpractice.
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Medical Negligence: The Doctor Did It!
Posted on 05. Nov, 2008 by admin.
A doctor is someone you trust with your life. So what happens when this person turns out to be not so trustworthy? Society at large, and the patient in particular, become the victim of medical negligence. Simply put, medical negligence means that the doctor in attendance has failed to give the patient the required medical care, be it in the form of a fault in the diagnosis or even wrong treatment. This places the patient’s health - and in some cases even his life - at risk. Such cases can be brought before law and compensation given to the victim.
If you are a victim of medical negligence here’s how you can get compensated:
Contact a lawyer
To walk you through the legal jargon on medical negligence compensation you will need a specialized lawyer. Usually he would study your case for free and decide if it is strong enough to get you compensation.
Organize your proof
Collect all the supporting documents and discuss them with your lawyer. Apart from medical records, you should include personal details, details of the doctor who treated you, dates of treatments, details of medication prescribed and of the hospital. Remember, the more details you have the stronger your case will be.
Meet the experts
A medical expert can now review the details of your case and find out where the medical negligence has occurred and the extent to which you have been hurt. The expert has to be someone with sound experience in that particular branch of medicine. The findings and opinions of the expert will be noted in a report which can be quoted in court.
Medical negligence should not be taken lying down. It is everyone’s legal right to seek compensation if the doctor has not only failed to care for them but has acted in a manner which has caused harm. Moreover it is a duty to bring a faulty doctor to book. After all, it is a matter of a healthy life and society.