Accident Claims - No Win No Fee - Legal Articles

Tuesday, July 29, 2008

How do I claim Medical Negligence?

When it comes down to it people seem to forget the fact that doctors are human and everyone, including them will make the occasional mistake when placed under a lot of pressure. These mistakes are usually harmless and often go unnoticed; however there are occasions when medical professionals fail in their degree of care. When this happens it is known as medical negligence.

Medical negligence can sadly happen across many sectors such as:

• GP's
• NHS or privately funded hospitals
• Privately funded health practitioners
• Other health professionals, for example, nurses, occupational therapists
• Dentists
• Defective medical products (for example, implants or drugs)

Illness is never as it totally seems but it is the job of medical professional to do everything possible to make sure that in complicated illnesses you are diagnosed and treated as quickly as possible. In extremely complex cases it is essential that as well as being seen by a doctor, you are also seen by a specialist. This is because negligence may occur from a delay or failure to diagnose a condition as well as a delay in the treatment that you receive. In cases such as these you may receive substandard, improper or negligent treatment.

If you are one of the unfortunate people who feels failed by a medical professional then you could be entitled to make a claim for compensation. If your diagnosis was delayed or your treatment came too late or your treatment was the wrong cause of action for your symptoms as well as if a medical professional failed to carry out extra tests that could have spotted your illness sooner then you may have a case for compensation. If this sounds similar to a situation that you are in then contact a legal firm today.

Medical negligence claims are extremely complex and if you are hoping to pursue one it is essential that you seek specialist advice. Medical negligence cases enables patients and medical professionals to resolve disputes either through negotiation or through the help of the courts. So what is the difference between medical negligence and making a complaint? In a medical negligence claim you are asking for money to compensate you for an injury or illness you experienced whereas you are unlikely to receive any compensation for making a complaint; however you will more than likely receive answers to why your diagnosis or treatment was inadequate, receive an apology and perhaps prevent it from happening again in the future. You cannot at the moment take out a clinical negligence case while you have an ongoing NHS complaint.

When you are contemplating making a medical negligence claim you need to think about what constitutes a reasonable standard of care. In many cases this is whether a doctor’s actions are recognised as being proper by a body of medical opinion. Whatever the definition, if a doctor is found to have provided an adequate standard of care, then there has been no medical negligence and no medical malpractice.

Medical negligence is a serious issue and as a result you need to be able to demonstrate that the treatment received caused problems/illness to progress or begin. In some cases you may have to produce an expert witness whose job will be to present expert testimony that will establish the facts of your medical negligence case and give you more of a chance of being successful within it.

Helen is the web master of Accident Consult, specialists in all aspects of Medical Negligence claims.

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Wednesday, January 02, 2008

Claiming Compensation for a Pedestrian Injury

More and more cars are and other vehicles are on the roads each year and so Britain’s roads are getting busier and busier. The roads are continuously being repaired, altered and new roads being built but this doesn’t help the fact that there are over 30 millions cars on the road today. Therefore more and more pedestrian and road traffic accidents are happening.

Around 33,000 people are injured every year on Britain’s roads; it’s a shocking figure and a figure we all need to look at carefully. Everyone needs to be aware of the amount of injured people each year, this may help people slow down on roads and be more aware of pedestrians on zebra crossings or just walking on the pavement.

As a pedestrian walking or jogging on the pavement and walking across a pedestrian crossing are the most likely places where a pedestrian is injured. On a Friday, Saturday or Sunday you are more likely to be involved in a pedestrian traffic accident between the hours of 3pm and 8pm. There are more accidents when a car is doing the speed limit of 30mph or less as this speed limit is usually in place in built up areas, around homes and public places like the supermarket and shops.

Children are the higher risk of being involved in a pedestrian accident as they have less traffic knowledge as well as being physically and cognitively less developed. Hitting a child pedestrian whilst driving a car, the child is likely to die if the car was travelling over 30mph.

The speed the car was travelling when the car hit the pedestrian is very important. If the car is travelling at around 30mph the pedestrian has a 95% survival rate but this drops dramatically if the car is travelling at 50mph to 60%. Finally if the car is travelling at 70mph the pedestrian only has a survival rate of 20% which is very low. At any speed the pedestrian is likely to receive severe injuries, from head injuries to broken bones to internal injuries.

As a pedestrian you need to take precautions for you and the people around you, always use the pavement and if there isn’t one walk facing the traffic that’s coming towards you, always look left, right and left again before crossing a road, try and use pedestrian crossing and traffic lights when crossing a road, but make sure the cars are stopped before you cross.

Making a compensation claim for a pedestrian accident is simple especially if you were taking the precautions as stated above. If you were walking on the road through moving traffic your claim is made more difficult as the blame could be on you. If you took the precautions and it was the driver’s fault not paying enough attention, not noticing you at the pedestrian crossing, whatever it may be you have a legal and civil right to claim compensation for the pain, suffering, medical bills and loss of earnings you may have suffered.

As a driver you should be aware of pedestrians walking on pavements, standing at pedestrian crossings or walking across and well as at traffic lights. It’s your responsibility to keep your eye out for pedestrians and notice them.

If you’ve been involved in a pedestrian road traffic accident and have suffered injuries from this why not make a compensation claim, it’s what you deserve.



Jene Pedder is the Webmaster of Accident Consult who work on a No Win No Fee basis and specialise in Pedestrian Compensation Accident Claims.

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