Medical negligence compensation is payable when a healthcare provider fails to treat and care for a patient with a reasonable degree of skill and care, leading to injury. This can occur when a healthcare professional is careless, lacks proper skills, or disregards established rules, resulting in a liability to pay damages. Such damages can encompass medical expenses, loss of income, and physical or emotional suffering endured by the affected individual. It is crucial to ensure that patients receive appropriate compensation to address the consequences of medical negligence and promote accountability within the healthcare system.
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 refer to specific items of loss that can be precisely quantified and are typically substantiated by providing receipts or estimates. Additionally, future anticipated losses can be claimed, taking into account potential implications. Furthermore, it is important to note that interest, calculated from the date of the accident, is applied to the final award, ensuring fair compensation. Anticipated losses may include ;
- loss of earnings
- assistance with household chores
- care and assistance
- general expenses
- medical costs
- traveling expenses
- prescription charges
- aids and equipment
- adapted accommodation and transport
General damages represent items that 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 a 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 labor 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. The interest which can be claimed on general damages awards runs from the date of service of legal proceedings.
Medical Negligence Solicitors
Specialist lawyers, with a deep understanding of your needs, are dedicated to delivering vigorous and expert representation. Their goal is to secure maximum damages for your claim, ensuring you receive the compensation you deserve. These lawyers can also facilitate home or hospital visits, arrange medical examinations, and organize urgent private treatment at short notice, all aimed at aiding your recovery. With access to a network of eminent medical consultants, they leave no stone unturned in ensuring you receive the best possible care. Having a qualified professional involved from the outset of your claim is vital to ensure fair and reasonable compensation. Medical negligence lawyers excel in handling a wide range of claims, including those related to spinal injuries and brain damage. Your peace of mind and just compensation are their top priorities.
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 are guaranteed by professional rules.
- Training and entry to the profession take 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.
Lawyers have a duty to act in the best interests of their clients and must not act contrary to the law. They also have an obligation to provide accurate advice and take all steps necessary to ensure that their clients’ rights are protected. Clients may seek redress through the court system if they feel their lawyer has acted negligently or in breach of trust.