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What is Clinical Negligence?

Clinical negligence also known as medical negligence or practicing below the standard of care. The standard of care is typically described as the care or treatment that a reasonable physician would provide in the same or similar circumstances. The standard of care is commonly defined by practice guidelines and how other physicians in the same specialty practice in that same geographic area and practice setting. When there is a breach in the standard of care as well as damages there is the potential for a medical malpractice case. The expert’s job could be determining if the standard of care was breached, or if there are damages, including a loss of chance of recovery if a diagnosis/treatment had been done sooner.

Compensation Claim

The compensation claims for injury or loss due to clinical negligence may vary based on the severity of the injury. Compensation cost can include the following:

  • Further treatment for the injury
  • Expenses such as traveling and therapy cost
  • Cost of long term treatment
  • Physical and emotional pain and suffering
  • Specialized equipment needed for recovery

You should consult your solicitor where you will be asked to supply supporting documentation as evidence related to your case. This includes:

  • Any medical records and documents
  • Documents of the complaint you have made
  • Your financial records along with the hospital bills and expenses

In most jurisdictions, the statute of limitations for a clinical negligence case is three years from the date the patient became aware, or reasonably should have become aware, of the injury resulting from the negligence. This means the time limit begins when the harm is discovered, rather than when the medical treatment took place. However, specific rules may vary depending on the jurisdiction and the details of the individual case.

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