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Medical Malpractice Negligence

Medical malpractice damages claims can take two forms; the first is a claim which is settled between the claimant and the party responsible for the negligence suffered by the patient without legal action. The second is a lawsuit, or litigation, in which the patient (plaintiff) sues the medical professional or institution (defendant) for medical compensation; this may be as a result of the defendant not accepting the plaintiff’s claims of negligence and refusing compensation, or the plaintiff not accepting the terms or amount of compensation offered.

Medical Malpractice – What is it?

In short, medical malpractice can arise from any situation wherein the patient has suffered – physically or psychologically – due to the negligence of the health professional/s in charge of their care. This can arise due to health professional/s inability to accurately diagnose the patient’s condition, prescribe the correct treatment, or explaining the risks associated with a certain line of action. Any such fault may entitle the patient to compensation – known as damages – which can be classified as either economic or non-economic.

Economic Damages

Economic damages is a term that refers to any financial losses accrued by the patient due to the medical malpractice negligence on behalf of the medical professional/s (defendants). This may include loss of income during treatment (or a period spent undiagnosed/treated) or as the result of an incorrect treatment – both present and future.

Non-economic Damages

Non-economic damages are a financial compensation claimed by the patient for suffering other than that which is directly financial. This may include physical or psychological pain suffered as the result of being incorrectly diagnosed – or not diagnosed at all – or receiving an incorrect treatment.

How Do You Claim For Medical Malpractice Negligence?

Claiming for medical malpractice negligence is a complicated legal matter, and not one to be undertaken without the support of a trained legal professional – a lawyer who specialises is medical malpractice or personal injuries, in other words. There are a wide range of law firms who offer medical malpractice services on a no-win no-fee basis, which means that you will not have to pay them unless they successfully claim for damages, at which point they will typically charge you a base fee plus a percentage of your compensation.

Two of the most well-known personal injury/medical malpractice law firms are InjuryLawyers4U and National Accident Helpline, and both of these firms offer the above mentioned no-win no-fee setup. Your second alternative is to use a local lawyer, and these can most easily be found by contacting your local social security office, who will gladly supply a list of lawyers in your area who would be able to handle your case.

Medical Malpractice Insurance

On a final note, you may also wish to consider medical malpractice insurance. This is a form of insurance which makes it easier to claim for medical malpractice, and will allow you to claim from two separate institutions. Firstly, you will receive compensation directly from the insurance company; second, they will cover any legal expenses associated with your claim from the medical professional/institution.