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Medical Negligence - A Guide to Claiming Compensation

If you have suffered harm due to medical negligence healthcare, it is important to know about how to make a claim for compensation. Read our Blog we discussed the medical negligence claims process for those suffering an illness or injury. For more click here https://www.medicalnegligencedirect.com/medical-negligence-claims/

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Medical Negligence - A Guide to Claiming Compensation

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  1.   Medical Negligence - A Guide to Claiming  Compensation Experiencing ​M​edical Negligence can be a devastating and distressing ordeal for                       anyone, and can have serious life-changing effects well into the future of such one. A                               person who has suffered an illness or injury as a result of substandard medical care                               may struggle with the physical, emotional and financial setbacks that come with the                           events leading up to their new lifestyle.  If your health has suffered harm due to substandard healthcare, it is important for you                               to know that you can make a claim for compensation. This compensation can help you                               live a comfortable and independent life. But you may be wondering how you can pursue                               your claim for compensation and gain access to the financial support you deserve.  This guide is designed to show you how simple the medical negligence claims process                             can be for those suffering an illness or injury from below-par care.  1. Know What Counts as Medical Negligence  This is medical care which falls short of acceptable standards of a healthcare                           professional, and has directly caused an injury, worsened an existing condition or in                           severe cases, has directly caused the death of a patient. 

  2. A medical negligence claim can be made if a medical professional was responsible for                             your care, and failed to conform to acceptable standards of medical care. You can also                               file a claim for compensation if you have suffered an injury as a result of the                                 substandard care, or the injury you suffered has caused you physical or psychological                           harm.  Whether you have suffered an injury or illness due to careless medical procedure,                           misdiagnosis​, or wrong medication, a medical negligence solicitor can pursue a claim                         on your behalf.    2. Consult the Right Medical Negligence Solicitor for your Claim  Medical negligence claims can be a complex and drawn out process. Finding the right                             legal support is key to making a successful claim, with compensation worth thousands                           or even millions of dollars as reward. Most ​medical negligence solicitors claim to be                             experts, so it is important that you find one that is especially suited to your case. 

  3. Your solicitor will need to enlist the services of medical and financial experts to help win                                 your case. Medical experts will review your medical records, identify how your                         healthcare provider breached his/her duty of care, ascertain the extent of damage you                           suffered from the negligence, and establish the acceptable standard of care you need.                           Financial experts will help calculate the future loss of income, determine the value of                             your medical care both in the present and future, and establish the impact of negligence                               on your family.  3. Keep Track of Your Medical Records  Medical records provide vital details about the patient’s history that help independent                         medical experts establish the likely cause of the individual’s condition and potential                         implications of injuries sustained. They also help medical experts determine whether                       the patient had any pre-existing medical conditions that could have an effect on the                             incident that occurred.  As a result, it is important to keep track of all documents related to your case, such as                                     test results, prescriptions, written instructions before tests were conducted, discharge                     papers from the emergency room or hospital, and any correspondence connecting you                         and your healthcare provider.  4. Going to Court  If your solicitor has successfully put your records together and the defendant denies                           responsibility and is unwilling to negotiate a settlement, the court may be your next port                               of call. Your solicitor will guide you through the entire process and represent your                             interests in court.   

  4. 5. Beware of Time Limits and Exceptions  Typically, there is a three-year time limit for a claimant to file for compensation. This                               time period begins from the moment you learn that your injury or illness is a direct result                                   of medical negligence. It is at this time you realize that you are injured, that you ​think                                   your injury was caused by medical negligence​, and you know the person or institution                             responsible.  It is possible to learn about your injury later than the date of the incident. For instance, if                                     you are a victim of wrongful prescription or have been misdiagnosed, it is very likely that                                 the date of knowledge will be much later than the date when the negligent act occurred.  However, there are exceptions to the three-year time limit. If the claimant had a mental                               disability or was under the age of 18 at the time of the medical negligence, the time limit                                     will only start from the moment they recover from the disability and turn 18 respectively.                               If the patient has suffered a permanent disability due to medical negligence, the time                             limit does not apply. Instead, family members can put forward a claim on behalf of such                                 one.    

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