The UK has seen quite an increase in the number of medical malpractice claims in the past few months. This is mainly due to the different scandals that made the headlines. In effect, many have started wondering about the ins and outs of claims. Although some articles have tried to shed light on this story, not a lot of online posts debunk myths that surround the issue.
Let’s take a look at some myths associated with medical negligence claims:
Medical negligence is when the patient fails to recover
Some people commit mistakes with the very definition of clinical negligence. The law defines medical malpractice as an instance wherein the GP, surgeon, or nurse committed a breach in their pledge to provide the proper standard of care.
Put simply, a medical negligence case does not mean that any patient who wasn’t satisfied with the medical treatment has a basis for a claim. There has to be indisputable proof that the medical professionals who handled the treatment behaved poorly and resulted in substandard care.
In reality, the doctor must have done something that breaks their adherence to the standard of care for a case to have a legal basis. Again, a bad outcome of a medical procedure does not automatically equate to a basis for a malpractice/negligence case.
Anyone can file a negligence case, anytime
There are people who think that they can let time pass and file a medical malpractice claim years after the incident took place. British laws have a concept called a statute of limitation, which means that the court would not permit the proceedings to push through if the claim was made after a certain period.
It is easy/difficult to win a case
When you file for a negligence claim, you are entering litigation. Now, no two legal proceedings are the same. All courts around the world decide on cases through facts. Put simply, the verdict depends on the merits of the lawyers’ arguments. There is no easy or difficult route to go with this. The main point is that you need to establish credible evidence to win the claim.
Hopefully, this article clarifies a few things about medical negligence and the issues around it. After all, you’re safer when you know better.