Monday, March 25, 2013

Medical Negligence Claims Wrongful Death


You can make wrongful death medical negligence claims in all those situations wherein the smugness or negligence of some medical personal leads your patient to death, which can be stopped if some careful and appropriate way of treatment had been chosen. A lot of factors are there to provide justifiable grounds for filing wrongful death medical negligence claims, such as wrongful or delayed diagnosis leading to the deterioration of patient's condition; errors or inappropriate surgical treatment; poor hygienic conditions of hospital causing infections; inability of a doctor to detect infections despite clear symptoms; untrained handling of pregnancy and child birth procedures; wrong prescription or treatment of a patient; or failure of anesthetists or doctors to recognize the allergies of patients. Besides, there could be many other negligent conducts on doctor's part which prove fatal.

Wrongful death clinical negligence claims can be pursued within a period of three years after the incidence. Usually such cases take a long time in resolution, so it is wise to initiate legal process as early as possible. The earlier the process starts, the sooner the victim's family will get their rightful money. As the patient himself has died, it is up to his/her spouse or some relative to claim compensation against this grave loss. It is not just the victim but his whole family suffers as a result of his wrongful death. The wrongful death clinical negligence claims, though, cannot bring back the life of those died wrongfully, but can provide a financial security to their families.

As compared with other clinical negligence claims annually reported in United Kingdom, the wrongful death medical negligence claims constitute a small fraction; however, the number in view of its upshots is considerably high enough to be worrisome. In legal definition, a wrongful death refers to any death brought on by a wrong and negligent act of someone else. In medical context, this term refers to a fatality that was very much preventable, if there had not been any error or omission by medical professionals, be it a doctor, nurse, surgeon, anesthetist, pharmacist or a midwife.

Wrongful death clinical negligence claims are not that straightforward to establish. According to 'Fatal Accident Act of 1976', claimant's solicitor must prove that the person convicted in the claim is really responsible for wrongful death of the patient. All evidences must be in line with the balance of probabilities. Then it must be demonstrated that the negligence of the liable person was the only trigger behind the patient's death, and there was not any other reason to compromise the life expectancy of the victim. An independent medical expert reviews the case in all possible medical dimensions and gives his opinions about the truthfulness of the wrongful death medical negligence claims. In addition to medical reports and pathology result, medical expert verifications are of high importance in clinical negligence claims. It is your lawyer's responsibility to seek expert opinion and collect required evidences. The intent of all this is to show that the death was wrongfully caused by the doctor.

Losing a loved one due to someone else' negligence is not something easy to bear; the victims' families are angry and bewildered on such occasions. At those times, it is hard to understand what to do and how to make wrongful death medical negligence claims. All that should be done is to contact a specialized lawyer in your vicinity who has sound experience in dealing such sensitive medical negligence cases. They will not charge you anything for consultation as all of the negligence lawyers in UK work as no win no fee lawyers.