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Medical Malpractice Cases

Medical malpractice cases can be incredibly difficult to handle; indeed, it is often hard to say if you do indeed have a case without delving very deep indeed into the details of your particular situation. While you can do some initial research yourself which may help you determine to some extent whether or not you have solid legal ground to stand on – such as by visit the General Medical Council’s website, available at http://www.gmc-uk.org – you will likely need someone with substantial legal knowledge in the field of medical malpractice in order to determine your chances of a successful claim with any certainty.

What Makes a Good Medical Malpractice Case

So what makes the foundation of a good medical malpractice case, you may wonder? While outlining all the possible foundations for a case would be beyond the scope of this article – indeed, it would require several hundred pages, continually updated due to new developments and case outcomes – there are some general points that many successful damages claims share. These include:

  • The medical professional/s in charge of your case failed to diagnose your condition within a reasonable timeframe. What constitutes a reasonable timeframe will vary depending on your condition – some are considered considerably more difficult to diagnose than others, and as such a longer timeframe is acceptable – but generally speaking it is considered unacceptable if it takes so long that your condition deteriorates dramatically, especially to the point of threatening your life or the functionality of an organ.
  • The medical professional/s in charge of your case fail to prescribe the correct treatment. This may be a successful ground for claiming damages if, for example, there are two treatments to choose from where both have been proven equally effective but one is generally less safe than the other for people sharing a list of traits with yourself; should your doctor/s fail to take this into consideration, and offer you the less safe treatment, and should this result in negative consequences, you may be entitled to claim for damages.
  • The medical professional/s in charge of your case failed to make clear the risks associated with a particular course of action. It is the responsibility of the person/s in charge of your treatment to explain – in a way that you, as a layman, can understand – the consequences that a certain treatment may have prior to asking for your consent to proceeding with the treatment in question. Failing to do so may serve as sufficient grounds for claiming compensation.

These are three of the most common medical malpractice case bases.

Determining if Your Case is Solid

If you think your case fits the above, of for any other reason believe that you may have solid grounds for a good case, the next step is to contact a medical malpractice case specialist – that is, a lawyer who specialises in medical malpractice. Any firm offering personal injury lawyer services will, in the vast majority of cases, also offer medical malpractice services – quite commonly on a no-win no-fee basis.