Clinical Negligence: What It Means?

By Author: Vijay K Shetty
Total Articles: 129
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Clinical negligence which is also known as medical negligence or medical malpractice, is a term generally used in the UK that could be applied to the wrong doing of a medical practitioner. This is not only valid to doctors or therapists but also to other medical professionals who provide any sort of medical care. If someone found alleges in clinical negligence, it means that either by omission or straying from treatment standards, the practitioner has caused some form of actionable injury. This may be a physical or emotional injury that seriously impacting the individual's life. With this respect, a required lawsuit might occur to hold the practitioner financially responsible for his acts or failures. Clinical Negligence is quite versatile topic, as many things are considered. Under this, a doctor or other practitioner could be sued for it if they failed to diagnose a condition that should be handled or if they do a wrong diagnosis. Applying the wrong treatment and refusing to treat a condition are two negligent acts that might draw a lawsuit. Medicinal companies can also be sued if they fail in between the treatments.

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... law is so sophisticated that many a times it became difficult to define injury also. Sometimes doctors may cut the wrong vein or damage the situation more fatal, at this case this law favors the patient from any further injury. More subtle injuries could occur with things like failure to diagnose. The mentally ill person who is inappropriately diagnosed for years and suffers through years of lack of ability to work or to be successful in family life would need to prove this very clearly, which isn't always easy.

The final decision of most clinical negligence cases are decided on the scale of financial liability the practitioner has for his/her mistakes and failures. How much does it cost the mentally ill person who was not treated correctly, and how much will it cost the person who is now a double amputee? Attorneys assisting in these cases determine the cost value of cases, making certain there is rightful financial hardship for their clients, which may exist for a long time due to the practitioner's mistakes.

It was observed that many trial cases have been sorted outside the court only. Since, if perfection of law goes nobody can protect the doctors or medicinal practitioners. Out of course settlement is always a better choice between the patient and doctor. Many cases take a very long time till settlement as there can be delicate issues which are difficult to define or measure. At such times it is advisable to drop the case or reach an understanding to avoid long court visits which can go on for years.

Vijay K Shetty, Ezine Articles Expert Author.For more information: No Win No Fee Solicitors


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