When a medical professional like a doctor, nurse, or a medical institution like a hospital or private clinic fails to provide standard care or an error in treatment or medical prescription that has injured or harmed the patient, it is termed as medical negligence. If the patient or the family members have undergone physical and emotional trauma due to medical malpractices, then it is their right to demand compensation. It is always a good idea to seek legal advice while filing for compensation. You can check out sites like Law Advice for more on this.
Here are some ways to help you understand how to make a medical negligence compensation claim.
1. Proving that Medical Negligence Occurred
The first step when seeking compensation is to prove that there was negligence on the part of the doctors or the hospital. Remember, it will be your word against the doctor or the management of a hospital. It would help if you built your case based on facts and evidence.
Do not go ahead with the petition unless you have all the necessary details with you to prove your claim. If you can’t prove your allegations, some doctors might even sue in turn for harassment. Be sure that your pieces of evidence and proofs would be enough to prove that the doctor committed a mistake while treating someone close to you.
2. Collecting Evidence
It is better to collect evidence against the doctor or the medical institution as secretly as possible. If there were indeed negligence or malpractice, the doctor or the management would also try to remove the evidence. Ensure that you have access to all your medical records, USG, and X-Rays, reports of blood work, and other tests. If you feel that you were told to do unnecessary tests and were unethically charged for them, you should bring that up during your claim too.
You should also have the payment records and, preferably, an examination report by another doctor to testify that there was some negligence on the part of the doctor against whom you are filing the claim and has caused the injury or disability from which you were suffering post-treatment. Using these reports as evidence can strengthen your case manifold.
3. Hiring a Medical Negligence Lawyer
Filing for medical negligence compensation has many intricacies, and you should hire a lawyer to guide you through the paperwork. They would be able to tell you about the timeline you need to follow to submit your petition on time.
This is especially important if you are filing your case months or years after the date of knowledge. Usually, in the case of adults, that time is around three years from the date of the negligent treatment or the “date of knowledge”, as stated according to the Limitation Act 1980.
There could be several reasons for doing so. Perhaps you were not in a condition to go through a legal battle while you were recovering, or maybe it took you some time to figure out that the misery you are in is because of the medical negligence you suffered some time back. The lawyers will present your case in the best possible light in the court of law. They will also deal with the lawyer representing the other party and any insurance company representative who might be the witness.
By taking these factors into account, you will be able to successfully file a medical negligence compensation claim, which will not perhaps relieve the pain you already suffered but will at least bring the negligent parties to justice. You can find out more from sites like Law Advice about the best practices to file for medical negligence compensation.