All health care providers owe a duty of care to their clients. When that level of care falls short of a reasonable standard of care, resulting in harm, then medical negligence has occurred. The reasonable standard is judged by peers in the medical field.
As with all personal injury claims, there are strict time limits involved in medical negligence claims. For this reason, it is advised that you contact an expert in compensation claims as soon as possible. Medical negligence claims can be very difficult to prove, and hence getting the advice of a professional is highly recommended.
If it can be shown that the health care professional involved could or should have foreseen that their action may lead to an injury, then you may be able to prove a claim for medical negligence. This will be judged by peers of the health care provider. It also must be proved that the negligent action was the first cause of the injury.
Typical medical negligence claims may arise from an incorrect or delayed diagnosis, a failure to warn about the risks of treatment or from wrongful treatment. Other examples include failure to refer to specialists, failure to perform surgery with reasonable care and skill, failure to prescribe correct medication and failures to return test results.
The amount of compensation that you receive will depend on the type and extent of injuries that occur. You may be able to claim for medical expenses that arise as a result of your injuries, loss of income and pain and suffering.
All compensation claims have strict time limitations within which you must make your claim. If you believe you've been injured as a result of a health care provider's negligence, you should act as soon as possible. To help to lodge your claim in time, we advise that you talk to a professional compensation lawyer.