Disability that results due to a medical error is truly hard to digest. Sustaining a lifelong physical or mental injury as a consequence of medical treatment that has fallen below the standards that are expected by any health care worker can be seen as unforgivable. If a person becomes disabled as a direct consequence of a medical error then they have been highly let down by the medical industry. There is no denying that the majority of health care workers on a daily basis 365 days a year do an absolute commendable job, often having their work go unnoticed but reaping the rewards through gratification. Those people who have a commitment, capabilities and work ethic to be able to offer much of their life to helping others through health services do an amazing job and without such people as health care workers people’s health would not be where it is today.
Nevertheless there are times when even within the health industry when things can go wrong and mistakes can be made. And it is true that health care workers are human and can make mistakes too, some say its human error but major critics will always argue and have a very valid point that when dealing with people’s health there is no room for mistakes and mistakes or errors should never be a term used by the medical profession.
Within the definition of medical negligence or to successfully bring a medical negligence claim to court it must be proven that the mistake has been made was just that and that no other health care worker of a similar capability in an almost same situation would not have conducted themselves and the medical service they would have provided in a different way. In layman’s terms that another medical staff would not have caused the same negligence to the patient. So although the law leaves room for medical errors, meaning it is possible for medical staff to make mistakes it leaves no room at all for medical negligence to take place. The law regarding medical negligence goes even further by stating that in order for a person to be able to pursue a claim for medical negligence they must have somehow been affected health wise as a direct consequence of the negligence, under the rules of the law it is not enough for just medical negligence to have taken place.
Medical Negligence can have different effects upon a person’s health, it can range in its severity from mild negligence that a person will make a full recovery from to, in its most severe form, lifelong disabilities or even fatality. This article will cover how medical negligence can result in a person suffering a disability as a direct result of the poor quality medical care and how to access compensation award amounts. How much compensation for medical negligence
How Much Compensation Can be Rewarded for a Disability Sustained through Medical Negligence?
Every case of medical negligence is different as no two victims of the negligence have the exact personal circumstances, with personal injury cases the law sets out strong boundaries when it comes to compensation that should be awarded to those victims whereas with medical negligence although there are perimeters the amounts are not set in stone and can move regarding each individual case. Before people decide proceed with legal proceeding they usually ask how much compensation for medical negligence they have sustained and in large the answer will probably be the same that until a medical expert has looked over their case it is very difficult to give exact amounts. The law appreciates that medical negligence is not a straight forward area and that there has to be flexibility within the law when it comes to compensation claim cases.
Setting a compensation amount for any one type of medical negligence case in its self is complex so with regards to the amount of compensation that may be awarded for a person who has sustained a disability through the negligence of a health care worker is even more difficult as the term disability covers a broad spectrum of disabilities and impairments. The most appropriate way of finding out how much compensation will be awarded in terms of a disability caused by medical negligence is to seek legal advice as they may be able to weigh up your case and ask a medical expert to review your condition and give a more precise estimate. Alternatively some law internet sites offer a medical negligence compensation calculator but caution must always be at the forefront when consulting such a service as each medical negligence case varies from the next and figures shown are only estimates.
How Can Medical Negligence Cause Disability
Disability is such a broad umbrella term for many types of sub section disabilities, often people refer to a disabled person as being wheelchair bound but in truth this is often not the case as only a minority of disabled people use a wheelchair, around 5% of registered disabled people actually need a wheel chair. Moreover the term disability does not just define a person who has a physical disability but also people who have a mental impairment.
Some people are born with disabilities very often through genetics and no one is at fault. However some people sustain disabilities through the standards of health care they receive which is unthinkable. Health care workers are there to help people who are suffering ill health or an injury not to in fact inflict people with even more health problems through poor standards and neglect. Those who have sustained a disability through medical negligence could have done so through many ways, birth injuries, anaesthetic problems which have led to brain injuries, misdiagnosis, spinal injuries, orthopaedic injuries, surgical injuries but to name a few all which can cause a patient lifelong disability and impairment problems that should never have happened.