March 2016

Considering clinical negligence as a general phenomenon and a law practice case

When considering medical malpractice phenomenon, it is worth noting that not every medical error is automatically classified as a medical malpractice; and each medical error case is assessed separately against the background of its circumstances. Therefore, to make the most of your efforts, contacting an attorney who specialises in medical malpractice is essential: the specialist can evaluate your case, the possibility of filing a lawsuit and its profitability as filing a complaint requires significant cash expenditures. We have accumulated competent info on medical negligence area provided by hundreds of medical negligence solicitors to share an expert look into the matter with you.

MalpracticeThere is no single answer to the question of what medical malpractice is. Typically, medical negligence includes provision of some medical assistance (including examinations, operations, prescriptions, etc.) to the patient by any medical authority (doctor, hospital, clinic, etc.) that goes beyond the generally accepted medical standards and which subsequently leads to bodily or mental injury.

What requirement puts the law before the victims of medical negligence in a lawsuit to receive monetary compensation? Civil Liability Act requires the plaintiff to prove the fact of receiving medical care going beyond conventional medical standards that resulted in bodily or mental injury and a causal link between medical care and trauma.

When filing a lawsuit by the plaintiff it is required to provide the court-medical examination by a specialist in the relevant area confirming the fact of negligence case (negligence, damage and a causal connection between them).

As for the areas sued upon medical malpractice: they are quite many. Below we list the medical fields with a high percentage of claims for medical malpractice:

Medical negligence in the field of obstetrics and gynecology

In this area, unfortunately, the facts of medical malpractice are rampant. Facts inadequate prenatal care, including the concealment of important information from the pregnant woman (for example the ability to pass tests to detect genetic abnormalities, etc.) and the possibility of termination of pregnancy in certain cases, may lead to the birth of babies with serious illnesses and disabilities. Also, there are cases of improper surveillance that may lead to the death of the baby or the mother.

Medical negligence in the field of surgery

Many surgical procedures have serious health consequences. Therefore, if you undergone a surgery that caused you an injury (physical or mental), you should check whether this operation had been carried out within the framework of generally accepted medical standards.

Medical negligence in the field of eye surgery

In this area, the medical negligence occurs if you had surgery despite the fact that according to medical criteria it is contraindicated in you and, so the injury was caused as a result of something that should not have been done.

Medical negligence in the field of dentistry

dental-negligence

Claims upon medical malpractice in dentistry occur in cases of improper dental treatment which resulted in the need for repeated or additional treatment; such cases may also include inappropriate treatment inflicted injury. (more…)


Preparation for surgery: the most essential aspects

According to various polls conducted among medical negligence solicitors, nearly 25% of surgery negligence court cases are associated with errors and negligence conducted within the complex of preparatory works. In this article we will focus on the most essential aspects of preparation measures before surgery operations. From psychological training to common, yet vital medical procedures, we’ll cover the entire scope of preparation measures.

This is how it should go if the surgery is appointed

surgery preparationThe majority of the applicants in the surgical department patients undergo surgery. Preoperative period lasts from the moment of admission to the operation. The complex of procedures during preoperative period is carried out in order to reduce risk-taking measures to prevent complications. On the first day of admission psychological training must be provided. Instilling confidence in a patient as for the successful outcome of the operation and recovery depends not only on the doctor, but on nursing personnel that is constantly in contact with the patient. (more…)


The social resonance in clinical negligence and medical errors

According to numerous polls and researches it became clear that the more experience, integrity and honesty the doctor has, the more often he would be wrong. This is where a doctor can demonstrate his wisdom by admitting mistakes, publicly discussing them, and trying to learn the ways to avoid them in future. Narcissism and ignorance, the belief that the risk of mistake is excluded is a road to new and new errors, the fact that may lead a specialist to legal liability. A universal position for the doctor in this case should be a detailed approach to studying issues and thorough exploration of all the manifestations.

diagnostic processClinical experience shows that even with modern medical-diagnostic equipment in hospitals, a sincere desire to do good, diligent and devoted work, most good doctors are not protected from errors of moral, ethical and professional nature. For example, radiological examination of the stomach in 30% yields erroneous data. The reliability of ultrasound diagnosis, taking one of the leading places in the paraclinical diagnosis, in cardiovascular disease ranges from 50-80% to 90-95%. According to a number of medical negligence solicitors, running their profiles at Solicitors.Guru (one of the most dynamically developing startups in the UK that allows you to find a solicitor really quickly), the percentage of difference in clinical and pathologic diagnosis is 10-20% of all autopsies, while the frequency of differences in comparison with basic diagnoses ranges from 4,7 to 21,6% of autopsies. (more…)