Medical negligence compensation is payable as a result of the failure of a health care provider to treat and care for a patient with a reasonable degree of skill and care which results in injury. If a healthcare professional was careless, lacked proper skills or disregarded established rules there may be a liability to pay damages.
Damages are intended to put the injured party back into the position that they would have been in if the accident had not happened. Money can never compensate for physical injury or death however the main items of compensation are as follows;
Special damages are items of loss which can be calculated accurately and are usually proved by production of receipts or estimates. Future anticipated losses can also be claimed. Interest which runs from the date of the accident is applied to the final award. These losses may include ;
loss of earnings
assistance for household chores
care and assistance
aids and equipment
adapted accommodation and transport
General damages represent items which cannot be calculated precisely and usually have to be assessed. The main item of general damages is usually the compensation for the injury itself including pain and suffering. Damages for pain and suffering are normally established following review of medical reports obtained specially for the purpose and thereafter considering the guidelines set out by ‘The Judicial Studies Board’ and previous awards of compensation made in earlier cases. Other items in this category include loss of the enjoyment of life, disadvantage on the open labour market, loss of congenial employment if a less than satisfactory new job must be taken and any loss or change of lifestyle compared to that which was previously enjoyed. Interest which can be claimed on general damages awards runs from the date of service of legal proceedings.
Medical Negligence Solicitors
Specialist lawyers will focus entirely on your needs by providing vigorous expert representation to ensure that you receive maximum damages for your claim. Solicitors are able to arrange home or hospital visits and medical examinations and urgent private treatment can be undertaken at short notice, to assist recovery, with some of the most eminent medical consultants. It is important that a qualified person is involved from the very start of your claim to ensure that you obtain fair and reasonable compensation. Medical negligence lawyers are able to deal with a wide range of claims including spinal injury and brain damage.
Specialist personal injury solicitors offer an independent, professional service with unique consumer protection:
Compulsory professional indemnity insurance.
Independent complaints handling machinery.
Independence, integrity and confidentiality guaranteed by professional rules.
Training and entry to the profession takes a minimum of six years.
Everyone practicing law must keep up to date through a program of continuing education.
Entry into the profession requires that all new lawyers are fit and proper persons and have undergone the relevant training.
A practicing certificate must be obtained annually which guarantees proper qualification and compliance with professional rules.
An annual contribution to the Compensation Fund is necessary which ensures that in the unlikely event of dishonesty the public will not suffer financially.