Substantial Difference between "Medical Negligence Claims" and "Other Claims"


Posted September 7, 2013 by medicalnegligence21

According to a recent study, more than two hundred thousand people die every year because of Medical Negligence incidents; reasons range from misdiagnosis to surgical errors.

 
According to a recent study, more than two hundred thousand people die every year because of Medical Negligence incidents; reasons range from misdiagnosis to surgical errors.

There begins the process of claiming for a compensation. But it is always better to have knowledge the difference between "Medical Negligence Claims" and "Other personal injury Claims".

Medical-negligence claim is much different from other claims, though both bring a feel of similarity sometimes.

Medical-negligence claim is considerably more complex than the other personal injury claims.

The enactment of limitations for medical negligence cases is not same in personal injury claims. (It may be variable with different states and nations.)

The enactment of limitations: It is the span of a stipulated time limit within which a case should be filed.

Generally it is 4 years in other personal injury cases. (Starting from the date of accident happened)

But only 2 years in medical negligence cases. (Starting from when you found that it had occurred.)

But if the defendant is a government body, the limitation is the same - 1 year, irrespective of the type of case it is.

Now let us have a Differentiation between medical negligence claims and personal injury claims with an example.

As personal injury claim in case of a car accident:

If a driver of some other car dashes your car and causes injuries to you, then it is very simple and easy to have personal injury claim, as it is a clear example of carelessness.

But it is not enough in the case medical negligence and the court will look into the potential breach of duty of care and decide carefully whether the treatment was not meeting the accepted standards generally used in the medical procedure. This is not as simple as it looks.

Again, in a car accident, a driver with no prior injury can easily claim for a fresh injury occurred right after the accident.

But it is quite difficult to prove that the injury/harm was directly linked with the negligence in medical negligence cases.

Personal injury claims can be presented without the help of any expert witnesses.

But in medical negligence the plaintiff will have to take care of many more records such as:

The Treatment/Duty of Care existed between claimant and accused.

Breach of particular duty of care (negligence) was occurred.

There must be established a causal link between the negligent act and the injury suffered, which is also known as causation.

Injury and or loss must have been sustained and clearly evident.

The court May order to have a panel of specialist to give their expert opinions whether the accused breached the duty of care and caused injuries to you.

However, personal injury claims and medical negligence claims may look similar, but in practice it is not so.

It is easy to win a personal injury claim, as the evidence is rather clear and can be presented by the attorneys or regular witnesses.

Winning a medical negligence claim is much more difficult. You have to choose a specialist medical-negligence solicitor to claim successfully to get the compensation for you.

Medical Negligence Claims - Records such as violation of the duty of care promised to the patient by medical staff, a loss or injury and a causal link between the violation and the injury is very important for a successful claim. For more details visit http://www.medicalnegligencecare.co.uk
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Issued By MedicalNegligence Care
Country United States
Categories Law
Tags clinical negligence , medical negligence , medical negligence claim , medical negligence claims , medical negligence compensation , medical negligence solicitors
Last Updated September 7, 2013