Filing a Medical Negligence Claim

Medical negligence can happen when a medical practitioner commit errors and delays in diagnosis, cancer misdiagnosis, pregnancy and birth mismanagement, cerebral palsy, brain damage to adults, or young children, brain injury of newborns (either as a result of mismanagement while pregnant, labor, delivery or in the pediatric ward), erbs palsy, shoulder dystocia, problem in surgery, orthopedic mismanagement, drug prescription and dispensing errors, ophthalmic % laser or eyes surgery, cosmetic and reconstructive surgical treatment, mismanagement in the accident and emergency room, dental negligence, orthodontic negligence, and also hospital acquired bacterial infections.

Medical negligence is definitely complex area of the law and requires a specialist expertise on the part of the legal advisor. In order to establish if there is a case in medical negligence it will be important to obtain all your relevant medical records. These will have to be evaluated in consultation with you for the purpose of ascertaining what actually went wrong and whether or not such actions or events constitute medical negligence inside the existing legal framework.

In order to prove that a physician is negligent, it is crucial to establish that no reasonably competent practitioner in the relevant field, at a suitable time, with the same qualifications and expertise, faced with the same scenarios, would've acted in the same way.If it's possible to show that a reasonable and competent body of medical opinion could have acted in the same manner,then the care just isn't considered negligent.The second challenge which has to be overcome is that of causation. This links the medical negligence if established with the ultimate unfortunate outcome. In other words, it needs to be estimated that but for the errors on the part of the doctor or hospital the injury or poor result wouldn't have occurred.If this can't be proven, then there's no medical negligence circumstance.

It is important to note the law n relation to the statute of limitations or time limit within which a medical negligence case may be taken in two years from the date of the accident or injury. In the case of minors or person under the age of 18 or individuals with an intellectual impairment, the time limits are usually extended b the legislation. There is usually an allowance made by the law for individuals who did not have knowledge of the wrong doing r alternatively that the person didn't have knowledge that the wrongdoing caused the injury and these circumstances the time might be extended.