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Closing
the medical ranks?
Almost everyone will need to be treated by a branch of the medical
profession at some time in their lives.
We expect the treatment or advice
to be appropriate, accurate and competent. Usually it is - but things can
go wrong. When this happens, what can we do about it? We can complain and
sometimes an explanation and an apology is all that is needed. When that
is not enough, or when a medical mistake has resulted in substantial
financial loss, the law can help us to recover financial compensation.
Money can never make up for suffering but more people are discovering
that, through the law, it is possible to find some relief from the
financial consequences of negligent treatment
Once,
the doctor's word was "law", he knew best. If things went wrong
explanations were unlikely to be offered and the wronged patient would
have to accept the situation not least due to the closure and protection of the
medical ranks.
Today,
television documentaries on medical matters and multi-media coverage of
high profile claims have made us aware that we have a legal right to an
adequate standard of care. We know that a doctor, nurse or other medical
professional may make a mistake, since they are only human. When that
mistake amounts to sub-standard care we have the right to be financially
compensated.
Compensation is not a bonus, like a lottery win. There can be an enormous
financial burden on patients and their families who have had their lives
ruined by negligent treatment.
Damages for negligence are compensation for
pain and suffering and past and future financial loss. You may be
compensated for loss of earnings whilst you were unable to work and for
being unable to work in the future. You may need specially adapted housing
and 24 hour care for the rest of your life; or you may just need a few
gadgets, such as an electric can opener, to make life more comfortable.
Large awards and settlements in medical negligence cases grab the
headlines, but not all claims are worth a fortune. Most are between
£3,000-£10,000 and success is not guaranteed.
Taking legal action against the medical profession is undoubtedly
complicated and expensive. Funding an action may be a problem. It is no
longer easy to obtain Legal Aid your solicitor will explain different
funding arrangements
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