If any member of the medical profession has committed an act of negligence that has caused pain and suffering to a patient, the patient may submit a medical negligence claim.
Whether the negligence has caused physical pain or emotional trauma, or both, every victim has the right to claim monetary compensation against the practitioner concerned.
Dentists, doctors and surgeons are human.
Very few can boast a flawless mistake-free career.
A doctor can make an accidental error which can cause an innocent patient pain and suffering for the remainder of their lives.
Some cases of medical negligence have been fatal.
Fortunately these are in the minority.
Most mistakes are harmless and easily rectified.
Gross negligence refers to extreme cases, i.
E.
When a surgeon has forgotten to remove sponges or instruments from the patient's body.
This can go unnoticed for days, even weeks, before the negligence is discovered.
In the meantime the patient has been suffering with excruciating pain.
In such a case the patient may claim compensation for emotional and physical pain.
It is mandatory for anyone in the medical profession to be adequately insured against medical negligence claims.
Such policies are not cheap - the monthly premiums are very expensive.
This is good news for the man in the street because doctors tend to be more thorough.
If you are a victim of medical negligence and you want to claim compensation, you should employ the services of an attorney.
The attorney should be well versed and knowledgeable about claims of this nature and have a good track record.
You don't pay any of the attorney's costs.
He or she will take part of the settlement as payment.
If the act of negligence has rendered you unable to work, you will be able to include this factor in your claim for compensation.
Likewise if the doctor's negligence has resulted in you needing constant medical care for the rest of your life, this will also substantially increase the amount of your claim.
The law takes medical negligence claims seriously.
The court must be shown beyond doubt that your suffering was caused by a doctor's negligence.
All medical records, and perhaps even a witness, will be required to give more strength to your case.
In less serious cases there may be an out of court settlement.
This figure is mutually agreed by the victim and the doctor's insurance company.
Like a court case, the settlement figure is determined by the extent of damage caused to the patient.