When to Make a Medical Negligence Claim

A medical negligence claim is a legal proceeding against a medical practitioner for errors, omissions or even neglect. Generally a person can bring a medical negligence claim against a medical practitioner when the patient can demonstrate harm or injury.

Who may bring a medical negligence claim?

Any person who can demonstrate to a court of law he or she has been harmed in some fashion by the treating professional. This can involve cases where a technician fails to administer a test properly, a nurse does not follow standardised protocol or a doctor fails to diagnose an illness.

This also includes medical negligence such as improperly conducting medical surgery or causing another injury while in the care of a professional.

What is considered an injury or damage?

Demonstrable injury and damage which are the direct result of a medical professional's actions are legitimate causes to bring a medical negligence claim. For instance, if a physician commits an error which causes further harm to a patient. Prescribing the wrong medication which worsens symptoms, amputating the wrong appendage, brain damage suffered after surgery or repeated misdiagnosis are all examples of legitimate claims.

What if more than one medical professional was involved?

This is referred to as "causation". The term causation simply means a demonstrable link between the injury you suffered and the medical professional treating you. This link is typically established by an "expert witness". An expert witness is a person the court recognises to possess highly adept skills in a particular field or discipline. For instance, if you suffer a heart condition and your doctor prescribed a medication which made your condition worse, an expert in this specialisation of medicine would provide testimony establishing your condition worsened because of the doctor's actions.

What does a medical negligence claim cover?

The amount of the court award is on a case by case basis. But in general, you are entitled to the cost of your medical bills, pain, suffering and lost wages. Other costs or losses may be covered in certain cases. For instance, if the medical negligence left you unable to perform sexually. This is called "loss of consortium". Loss of consortium does not have to be physical, it can be mental. For instance, if your injury causes a mental state which leaves you unable to perform sexually, this would likewise be considered loss of consortium.

When can I bring a medical negligence claim?

You should consult with legal counsel as soon as you suspect you have suffered an injury due to the fault of a medical professional. The time to file your claim depends on a timeline known as the "statute of limitations". These statutes set forth the amount of time a person has to bring a medical negligence claim. Because these claims often take months or years to litigate, you should seek legal representation straight away.