Winning the medical negligence case is all about constructively proving the doctor, medical professional or the health care provider failed to provide the duty in accordance with the set medical standards. If the victim is able to conclusively prove that the doctor or the medical officer failed to provide the duty or care as per the set industry standards, the court or the authority directs the defendants to provide comprehensive compensation as well as the apology to the plaintiff. The comprehensive compensation allows the victim or his/her family to meet the expenses suffered due to inappropriate treatment or diagnosis, legal expenses as well as provides for the punitive damages. However, to prove the wrongdoing or mistreatment by the doctor is not an easy task as the court or the assigned authorities cannot infer the wrongdoing, just on the grounds of the failed treatment or the loss suffered due to the treatment. It has to be proved conclusively and the medical negligence claims have to be supported with the supporting evidence. Here are the few tips that one should keep in mind while filing the medical negligence lawsuit.
- First of all, it is necessary to identify the standard of care provided by the reasonable healthcare professional in situations similar to that of victim’s, and then compare the same with the treatment/diagnosis provided by the doctor/health care professional in question. If there is a considerable amount of variations between the set standard and the path chosen by the defendant’s doctor, the basis of a negligence case is formed.
- Getting a written confirmation by another medical professional or doctor, who is a competent doctor in the same specialty as the victim’s doctor – as to how, why and what was wrong with the treatment provided by the defendant doctor and at what level is the treatment provided by the doctor deviates from the general medical standards. Written confirmation by another competent professional helps to strengthen the negligence claim and takes it towards a conclusive end.
- It is also crucial to link the damages, injuries and pain suffered by the victim is directly related to the negligence caused by the doctor’s treatment. The causation is crucial to negligence claim and even if the medical professionals, at times, agree that negligence has been caused, their argument revolves around the fact that the damages and the pains suffered is not due to the negligence but because of the pre-existing medical condition. It is important to ensure that the link between the damages and pain suffered by the victim and the doctor’s negligent treatment is backed with supporting medical reports, diagnosis reports and other evidences, so that the negligence cannot be denied.
- Calculating damages is also an important aspect of filing the medical negligence suit. One has to take into consideration the pain suffered, mental trauma, financial loss, future financial loss, expenses incurred, future expenses, legal expenses, and other such factors. It has to be assessed by the medical expert to authorize the damages claimed.
- As per the rule, it is necessary that the victim files the case within three years of the medical negligence incident. It can be filed later on if the injury or damages occur in the future, but it becomes difficult to win the case comprehensively later on, as the evidences gets washed out and the defendants get numerous argument points to dismiss the case.
If you or your loved one has suffered due to the improper or inappropriate treatment by the doctor, do not hesitate to file the negligence case, whether it is the NHS doctor or facility or the private one. Taking help from a solicitor always helps in such cases, as they would know how to work around the case to win you the compensation you deserve.
Author Bio – Ben Davidson is the author of this article and has been studying, following and fighting negligence cases successfully for clients for over a decade now. Ben likes to blog on the topic to provide crucial information and updates to the patients in need.