So very much can go wrong in the course of your life. Many people find themselves seriously ill at least once in their lives. Also, many people end up having to stay at a hospital for a short amount of time; however, pretty much everyone is treated by a doctor in his or her life. In fact, most people see before they’re even born. Your mother probably started with prenatal care from an OB/GYN who carried through the delivery and then a paediatrician assisted all the way through your childhood. Hopefully, if you were subject to any sort of illness, your doctor responded quickly to address your unique problem. But what does it mean when your doctor is the problem? That’s called medical negligence.
Medical Negligence
Medical negligence, called medical malpractice in the United States, relates to any set of actions or inaction by a medical professional that leads to injury. That injury can be physical, mental, or financial. Claims can even begin before birth.
Doctors advise women on drugs and vitamins to take while pregnant, as well as exercise regimens and such. If the doctor does not perform his or her duties properly, the foetus could be misdiagnosed with an illness or some preventable complication could go unnoticed. Either one of these could warrant a medical negligence claim. Misdiagnosing a child would lead to a course of treatment for an illness he or she doesn’t have, which could prove harmful to the foetal development. Failing to address a preventable condition could lead to the foetus developing complications that it need not have. This is one small example, but you can see how so much falls under the purview of medical negligence.
There is a very fine line between medical negligence and an unavoidable situation. If, in the course of delivering a child, the child loses air and suffers brain damage that could have been the fault of the doctor. Chances are, it was an unfortunate situation the doctor was unable to remedy. How do you know the difference? Well, the difference is very subtle, which is why it’s best to consult a professional. The skilled solicitors at www.mintons.co.uk are recognised as leaders in their field for clinical and medical negligence compensation claims. They can help you wade through the murky waters of medical negligence and determine what is and is not negligence.
Solicitors
Not all solicitors are qualified to take on the medical negligence field. To be a successful clinical negligence solicitor, you need to have knowledge of the law and knowledge of the medical field. That’s what makes the job so difficult. There are very few solicitors who are experienced in navigating these two interrelated fields. In fact, you could have a case for professional negligence if your solicitor caused your case to be thrown out by the court, missed the date for filing, or under-settled your case.
Oftentimes, people are unhappy with their solicitors, because they selected a solicitor unfamiliar with medical negligence to try their case. That’s a recipe for disaster. Most solicitors know the law, but medical negligence also requires medical knowledge.
So, what should you look for in a solicitor? Obviously, you want someone who is experienced in medical negligence claims. You want someone who works for a firm that has tried many of these cases. More importantly, you want to know they’ve won their cases. That’s why the very best firms post the results of some of their relevant cases. In fact, if you’re able to, you should get a firm that specialises in the niche of medical negligence. That way, you know everyone working for them has been trained and devoted to trying medical negligence cases. Also, you can rest assured that their entire income is generated from clinical negligence cases, so they do not perceive them to be some kind of unnecessary fringe. Your case will be handled with care and attention.
If you are able to, you should look for a solicitor’s firm that offers no-cost reviews of your case. Whether you’re thinking of bringing suit against a medical professional or you’re trying to switch from your unskilled attorney, the very best solicitors will review the case at no cost. That way, you will know you are getting their honest opinion on your case and not just one you paid them for. Also, you shouldn’t have to pay just to hear an opinion on your case.
Children
Malpractice relating to children can be incredibly stressful, both emotionally and financially. Children are already incredibly vulnerable. When they are victims of malpractice, they might become increasingly unable to take care of themselves. This places stress on the entire family.
For many reasons, children’s cases are unique in the eyes of the law. Normally, one must bring a negligence suit against someone within three years of the negligence. This means that you have to make the claim within three years of seeing a medical professional. However, with children, that three-year window does not start until they’re eighteen. So, you just have to bring a case before the person turns twenty-one.
Claims
Typically, you have a three-year window to bring a medical negligence claim against someone. The law is written this way to avoid unscrupulous people from suing medical professionals without merit. However, there are cases in which the three-year limitation does not apply. For example, the limitation does not start until the person turns eighteen. Also, in many cases, your three-year window does not start until you are made aware of the situation. So, if a doctor had misdiagnosed you, and you did not find out for three years, that limitation might begin from the time you found out.
Bringing a claim against a solicitor has a six-year window. However, if you are unaware that you can bring a case against your solicitor, many skilled professionals can argue for an extension.
When you feel you are being mistreated by your doctor or medical professional, you might feel helpless. A talented, skilled solicitor can argue your case and get you what you deserve.
