Medical negligence is somewhat of a taboo topic amongst patients and doctors alike, every person who visits a physician or specialist has high expectations in regards to their health condition and the ability of this person of trust to provide a comprehensive solution which will alleviate any pain and improve the overall health of the patient. Unfortunately, things don't always go exactly as we expect them to a medical negligence cases do occur from time to time as you're about to read in the next case.
Martha, a mortgage broker from South Florida who was constantly busy trying to close deals with clients to banks had been suffering from a sharp pain in her abdomen, as a great deal of people would do she ignored the pain and decided to continue doing her tasks as if everything were perfectly fine but the fact of the matter is that her health condition was far from okay. Inside her abdomen there was a tumor that grew big enough to press against other organs and make her feel uncomfortable.
As most women would immediately assume such discomfort might be a side effect of the menstrual period but since the pain was not sporadic but rather consistent she decided to visit her personal doctor who quickly performed some checkups and came up with possible causes for her discomfort. After several tests and visits to the doctor she was told she had a tumor and that it needed to be extracted to avoid further complications. To such diagnostic and recommended course of action marked the agreed to have the tumor removed.
Three weeks later she showed up at the hospital and the day after she went into surgery, two to three hours later she came out of the surgery really rather drowsy because of the general anesthesia that was applied to her. After taking a couple of months to recover she started to feel another sharp pain in her abdominal area which she described as a "pinch", again she opted not to pay too much attention to it and decided to go back to a regular activities. One month down the road that pain intensified and she decided to visit a doctor within her insurance coverage network was she was traveling to close a deal.
As you may imagine the x-rays revealed something rather strange and unusual, she had what appeared to be some sort of scissors inside of her abdominal area, after getting such news she panicked and asked the doctor to treat her as it is possible. A few days later she had the instrument removed from her abdominal area and the sharp pain stopped. Even though the first doctor was able to successfully extract the tumor that she had there was a horrible mistake (medical negligence) which made her feel extremely uncomfortable for nearly 2 months after the initial operation.
When Martha decided to confront the doctor who did the first operation there was no way to reach this person because he was always busy performing surgeries, after two weeks she was able to get in touch with the doctor, she explained a horrible mistake that he had done and given all the evidence that she brought with her he offered to settle the case without involving lawyers. Martha quickly disagreed as the amount of money that he offered was clearly not going to be enough to cover the second operation at the cost of the future treatments that she would need. After getting some professional advice she was able to recover damages from such horrible medical practice that she would not have received if she had opted to settle the case without involving any lawyers. Consulting with a knowledgeable lawyer can make all the difference from having the funds necessary for the required medical treatment and not having enough.
Medical negligence is much more than a doctor making a mistake. To prove that the doctor was medically negligent, your solicitor must also show that in making that mistake the doctor or dentist provided a standard of care that was unacceptable by the standards of the profession. Negligence can include an act or a failure to carry out an act (an omission). This might include, for example, a doctor performing surgery incompetently or failing to refer a patient for specialist advice where this is indicated.
Your solicitor will also need to prove a link between the alleged act of negligence and the damage or injury suffered. This link is called causation and is often the most difficult part of evidence in a medical negligence claim.. For example, if a General Practitioner failed to refer a patient to hospital who was suffering from bowel pain and eventually the patient is seen at hospital and is diagnosed a suffering from cancer. Your specialist medical negligence solicitor would have to prove that any negligent delay in the referral to the specialist caused a deterioration of the cancer or that had the referral been made initially a full recovery might have taken place. Your solicitor will need to obtain expert medical advice to assist with these questions.
The legal tests of negligence and causation are difficult to establish and it is important that you seek early and urgent legal advice only from a specialist solicitor.
You should ensure that your solicitor has a Legal Services Commission franchise in medical negligence. Only firms with this franchise can offer public funding (Legal Aid) to pursue medical negligence claims. The firms are assessed for expertise and internal management standards before being awarded a franchise and their performance is measured against quality standards in an annual audit.
Specialist solicitors are usually members of the AVMA (Action for Victims of Medical Accidents) panel or the Law Society Medical Negligence panel. These bodies ensure that any solicitor on their panel has experience and expertise in dealing with a range of medical negligence claims from outset to trial, if this proves necessary.
AVMA or the Legal Services Commission can give you details of specialist solicitors in your area.
For further information please visit our site at http://www.1stclaims.co.uk
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Robert Melkonyan has sinced written about articles on various topics from Teeth Whitening, Recreation and Sports and Debts Loans. Injuryguide.co.uk offers expert information about getting in touch with to settle and manage your. Robert Melkonyan's top article generates over 450000 views. to your Favourites.
Nick Singh has sinced written about articles on various topics from Medical Negligence, Legal Matters and The Internet. http://www.1stclaims.co.uk is run by a non-practising Personal Injury Solicitor with over 14 years personal injury claims experience. We use this first hand knowledge of the Personal Injury Claim system to hand select the very best personal injury solicit. Nick Singh's top article generates over 1900 views. to your Favourites.