The ruckus over clinical negligence cases has two evident consequences, one that the common people became enlightened about compensation claims and another is the development of an utter confusion regarding what is claimable. It so appears that the confusion is rather infectious which travels fast from one victim to another that led to countless false cases and unclaimed real cases. Here is an article that intends to pinpoint the indicators that can sift through the disarray to tell apart a claimable medical negligence case.

There are a few pointers that indicate that it is an act of medical negligence. Indexed below are what you need to look in your case to be certain:

Violation of Duty of Care

To spot this out in your case, you first need to understand the duty of care that a care provider owes to the patients. It is precisely a legal obligation that compels a medical person to treat the patient with reasonable care to ensure a timely recovery and avoid infliction of avoidable wounds. The duty can be breached by any medical professional, from a doctor to a nurse, from a psychiatrist to an ambulance provider. Violation of the same happens when the entity in question is either incompetent or negligent in performing the needful. This can be found out through the Bolam Test, a legal process to judge the standard of medical care offered by an individual or organization.

Fallen Standard of Care

If you have been inflicted with a foreseeable injury during the course of treatment, a multi-factor test can be conducted to find out if the responsible party has been negligent or inefficient. Hospitals of every county is legally obliged to maintain an acceptable standard of treatment which should not drop at any cost. If the provider has been negligent in offering treatment at a predefined standard, then it is surely a case of clinical negligence.

Poor Medical Performance

Poor performance delivered in surgeries, treatments, diagnosis, prevention, etc. are all different kinds of transgression of the duty. If a patient complaining of extreme pain is not given immediate palliative care before advanced medical treatment is rendered, then it can be termed inadequate as long as performance is concerned. Similarly, lack of provision needed for a particular condition that is likely to occur n the future, is also a case of poor performance. Cosmetic surgeons failing to execute a job accurate is a glaring example of ill performance.

Medical Errors

This is one of the most serious acts of medical malpractice that often have repercussions beyond repair. Administration of wrong drugs, misdiagnosis of diseases, amputation of the good limb, forgotten surgical instruments inside the body, etc. are typical cases of clinical negligence. The practitioner can be legally accused and penalized for the mistake committed under the Tort section of law.

The points discussed above precisely sum up what medical malpractice is all about. Medical negligence solicitors are consulted to formulate the case and present it in the court to appeal for justice.

Author's Bio: 

Marianna Rose is the editing head of Medical Negligence Solicitors, a claim management company undertaking medical negligence cases. Marianna composes write-ups and publishes them online to help clinical negligence victims find the right path leading to recovery. She works for Medical Negligence Solicitors, which is a prestigious solicitors' firm offering legal specialists for aid and assistance.