Need to make a healthcare-related claim but not sure what type of claim you should be making? You generally have two options when looking to make a medical claim. These include medical negligence and personal injury claims.
In order to receive justice, it’s important to ensure you are making the right type of claim. Here, you will discover a brief overview of each type of claim and how they are dealt with in court.
Personal injury claims
A personal injury claim occurs when you sue a company or an individual who you believe to be responsible for an accident you suffered. There are quite a few different types. This could be when you’ve suffered an injury as a passenger in a car, or if a car drove into yours when stationary. Beyond vehicles this can also include scenarios where faulty work equipment has led to you suffering an accident.
In court a personal injury claim is usually straightforward. If you’ve suffered an injury because of someone else, it’s simple to prove. A judge will be able to clearly determine where the fault lies – and the resulting compensation. For this reason, many personal injury claims are settled out of court as long as you have a skilled solicitor.
Medical negligence claims
A medical negligence claim applies when you or a loved one has received negligent care at the doctors, health clinic or hospital. This can relate to both physical and mental damage you’ve suffered. Medical malpractice covers many different situations, including surgical errors, misdiagnosis, medication, pharmacy errors, and birth injuries.
In court, medical negligence is much more complex than personal injury claims. The judge isn’t medically trained to judge between multiple expert opinions on the correct care for a patient. Instead, the judge must determine whether the doctor’s actions were outside the scope of what a reasonable doctor would have done. Naturally, this can be difficult to prove. Although plenty of these cases are settled outside of court, again, you’ll need a skilled lawyer to be able to successfully press your claim.
Whether you have a medical negligence claim, or a personal injury claim with a quality lawyer you should be able to find a satisfactory outcome. While medical claims can be more complex, both claims are often settled away from court and you can avoid a period of protracted worry.