It is difficult to know whether you were a victim of medical negligence and even harder to establish it for claims. Was it the natural turnover of events or did the doctor make the mistake? These kinds of questions are natural because they not only occur in your mind but are also to be established in the court.
The medical profession indeed requires its practitioners to exercise a certain level of care when dealing with patients. If they do not comply and cause their patient to suffer because of their actions, it can be qualified as medical negligence.
But what are some of the things that you should consider before filing your claim to make sure that you have a strong ground to stand on? This article aims to make you understand what medical negligence is and the things that are needed to be proven when establishing your claim.
What Is Medical Negligence?
Medical negligence is an act of a practitioner that causes a patient to suffer when the practitioner fails to exercise due care. This may include causing an injury, causing a certain illness, or worsening of an already continuing illness. Medical negligence can occur because of giving substandard treatment to the patient, for example, injuries during birth, eye surgery, and even home care treatment.
Proof of Medical Negligence
Medical negligence must be proven in court for a successful claim. For that, you must understand how medical negligence is proved. For proving medical negligence, you must prove that a duty existed and there was a breach of duty. Finally, you have to prove that the breach of duty resulted in damage. The damage needs evidence to be proven. Evidence to prove damage may include, records such as photographs, reports such as x-ray or ultrasound, statement of witnesses and statement of the claimants.
Always Take Legal Advice
It is always recommended to take advice from your legal advisor. Legal advisors have gone through many such cases and will tell you in seconds whether you have a definite claim or not. They will also tell you if you have evidence enough to support your claim and will help you in collecting evidence. Once your claim is strong, a legal advisor will notify the other parties of the legal proceedings to be taken against them and will file your case.
Claims Can Take Quite Long
How early will you receive your claim will depend on the complexity of your case. The time frame may vary in different cases. If the other party is cooperative and admits of negligence, your claim can be processed much more quickly. In other cases, it can take longer. On average, it takes about 12 months for your claim to be processed.
Medical negligence can be proven in court based on evidence. To prove your damage in court, we suggest that you consult medical negligence lawyers. They will help you in establishing your claim and will try their best to process your claim at the earliest.