Medical negligence is the failure of a health care provider to treat and care for a patient with a reasonable degree of skill and care. The medical profession which includes doctors, nurses and hospital technicians usually provides a caring service with a high standard of excellence for their patients however there are occasions when things go wrong. If you have been injured as a result of a failure by the medical profession you may be entitled to financial compensation for medical negligence.
Obsterics and gynecology negligence accounts for almost half of the caseload of specialist medical negligence solicitors who can help you to exercise your legal rights to obtain the compensation you deserve and will ensure that you get a fair deal. A gynaecology negligence solicitor who is a member of the Solicitors Regulation Authority panel of clinical negligence experts American Association will deal with your medical negligence lawsuit using the no win no fee scheme (contingency fee arrangement) which means that if you don’t succeed in receiving a settlement then your solicitor won’t get paid. You will receive a complete professional service from lawyers who specialise in claiming compensation for personal injury.
The medical profession which includes consultants, doctors, nurses and hospital technicians usually provides a caring service with a high standard of excellence for their patients however there are occasions when things go wrong and if you have been injured as a result of a failure by the medical profession or if you are the dependent of someone who has died as a result of wrongful medical treatment then you may be entitled to financial compensation for gynaecology negligence. In order to succeed in a medical negligence lawsuit it is necessary to prove the following three items :-
Breach of the Standard of Care
It must be proved that the healthcare professional who may be a doctor, nurse or medical technician made a mistake which a reasonable and prudent professional would not have made under the same circumstances. Proof of this aspect requires an expert witness who is usually a senior and very experienced doctor to give evidence in court that the doctor made a mistake.
It is also necessary to show that the doctor’s mistake caused an injury. Usually it must be proved by expert testimony that if the doctor had not made the mistake, then the patient would have recovered or would have been injured to a lesser degree.
Finally, in a gynaecology negligence lawsuit, it has to be shown that damage, loss or harm resulted from the doctor’s mistakes. This includes the pain and suffering from injury and financial losses including loss of past and future wages, medical bills and various other miscellaneous expenses.
The key factor in a successful medical negligence claim is the accurate review and interpretation of the medical records. It is virtually impossible to accurately evaluate a claim without obtaining all relevant medical records which includes physician’s records, treatment records from hospitals including the emergency department record together with scans and x-rays. Copies of the patient’s medical records will generally be made available to the patient’s lawyer upon presentation of a proper authorization signed by the patient. After obtaining and reviewing the medical records an experienced lawyer will usually make a preliminary evaluation often after discussion with an expert witness or the lawyer will send the records to a potential expert witness for evaluation.
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