Saturday 10 November 2012

The Rationale behind Claiming Compensation in a Case of Delayed Heart Attack Diagnosis

Heart attack, also known as cardiac arrest or myocardial infarction, is quite a common yet life threatening complication. According to the BBC report between 2010 and 2012 almost 800,000 of the UK citizens have suffered from this dangerous problem and several of them encounter fatality as consequence of the problem. Generally development of the health condition starts with blood clot formation in the coronary arteries, which leads to blood flow blockage to a particular part of the heart, causing severe damage to the heart muscles or complete destruction of the same. Unless the situation is diagnosed at the earliest and proper cautionary measures are taken, a victim of the heath condition can be partially or permanently paralyzed or expire. It is the responsibility of a qualified physician to diagnose the situation when time is still in favor of the patient and prescribe him with the correct preventive measures. Failed or delayed diagnosis of the problem due to negligence of the physician is regarded as a case of medical negligence and such an incident can be addressed before a court of law for retrieving the compensation amount.
 
Physiological Problems Contributing to Heart Attack:


  • Formation of blood clots in the blood supplying vessels due to sticking of the platelets together and partial or complete blockage of blood flow to the heart. This is cited as the most frequent cause of heart attack.
  • Complete blockage of one coronary artery and blood flow that reaches the heart isn’t enough to meet up the requirement for oxygen in the organ.

Generally heart attack occurs when a person is resting, especially sleeping or he has got involved in certain forms of rigorous physical activities. People, who go though persistent emotional and psychological stress, either for professional or personal reasons are also under higher risk to suffer from cardiac arrest compared to their normal counterparts.
 
Symptoms:

The most common symptoms of heart attack are:
  • Chest tightening
  • Overall physical discomfort
  • Chest pain
  • Experiencing heaviness on the chest, including the squeezing sensation

Once a physician learns about these symptoms from a patient, he requires undertaking the necessary tests immediately to diagnose the situation and prescribe the correct treatment method. If he is reluctant to undergo the required procedure and a patient suffers serious consequences due to such negligence, he will be held responsible for breaching civil rights of the patient in the context of right to life. Consequently, such an act makes the patient legally eligible to claim compensation from the wrongdoer due for the deviation from responsibility and professional code of conduct. With the help of expert medical negligence solicitors such situations can be dealt correctly, adding to the possibility of winning the case.

The Rationale:

A patient, experiencing the symptoms of cardiac arrest consults a physician in order to find out the best way to avoid extremes of the problem. While the professional code of conduct of a physician instructs him clearly to save lives of treatment seekers, his negligence or delay to take the necessary steps is sufficient to jeopardize the situation and this is specifically true when it comes to emergency situations like heart attack. The suffering a patient goes through is categorized under the provision of personal injury and being a part of this wide discipline, it is addressed under the medical negligence law, along with the argument that irresponsible action of the concerned physician is the main reason that boundaries of the civil liberty for the patient has been breached.

Friday 19 October 2012

Consult Medical Negligence Solicitors when Malpractice Takes a Loved One



Here is hardly anything that is more devastating than losing a loved one. While the pain doesn’t vary in any way, no matter what the manner of death, there is certainly the element of shock and anger when you know that the loss could have been avoided, in not easily then with a certain amount of endeavour. The horror of the situation makes one even angrier when the death occurs due to a mistake made by those very people who were entrusted with the life of your loved one: the healthcare professionals. This is where the medical negligence solicitors come into the picture. While this is absolutely true that nothing can bring back a loved one or compensate the loss of the same, the compensation amount can at least help in getting the bereaved on their feet again, taking care of the many expenses that are incurred after the death of someone in the family. On the other hand it also allows the bereaved to find some solace in the fact that the ones responsible for the death of a person could be penalised in some small way at least. The realisation that you are not safe even in the hands of a healthcare professional is always shocking beyond comprehension; medical negligence is something that practically has no apt retribution.

What Strengthens your Case?

While filing a claim for compensation is a must when one has lost a loved one to medical malpractice, not too many people actually take this step. This mindset can be attributed to various factors: a feeling of hopelessness and despair at an irreparable loss, a confused and dazed state due to the freshness of the loss and the lack of initiative due to shock and grief. It is extremely important to remember, however, that moving a claims suit will not only help you financially, it will also help you get back to your feet as you involve yourself in the hectic duties of a claimant, thus helping you cope better with your loss. Given below are the grounds on which you can ask for compensation, and medical negligence solicitors will be able to draw up an accurate estimate.

  • Treatment of the deceased, including hospitalisation and medical bills
  • Loss of company and bereavement, referring to the psychological damage caused by death
  • Loss of financial support in case the deceased was the sole earning member of the family
  • Loss of protection in case the deceased was the sole provider of and responsible for the rest of the family
  • Funeral expenses, referring to the average expense that is required in every funeral
  • Replacement of the income that would have continued if the death hadn’t occurred
  • Trauma and suffering, of the deceased as well as the family and friends
It is necessary that a lawyer is always consulted while drawing up the claims chart. The compensation amount that you can ask for can vary from case to case, depending upon the situation of the people involved, the position of the deceased in the family, and of course the magnitude of medical negligence.

Tuesday 25 September 2012

Medical Negligence Solicitors Offering the Best Advice to the Medical Malpractice Victims

The medical malpractice cases are often very complex and demands the services of a professional solicitor for successful litigation. The medical negligence solicitors have the required knowledge and expertise to deal with the clinical negligence cases efficiently. If you have been a scapegoat of medical malpractice in the recent past, you can seek the assistance of an expert solicitor and file a clinical negligence claim. Availing the services of the experienced solicitors can increase your chances of winning the claims.
 
Medical Negligence: Discussing the Concept in Detail


People visit doctors for proper treatment of their health problems. They expect good standards of care from the medical practitioner and rely on him. The doctors always try to provide their patients with the highest standards of treatment and care, but they are human beings and human beings can commit mistakes at times. However, if a mistake on the part of the doctor becomes the cause of great pain, suffering and discomfort for the patient, the latter can file a medical negligence claim. Clinical negligence often leads to direful consequences. In the worst instances, the patient undergoing clinical malpractice can suffer from life-changing injuries. No matter how minor or major is the result of medical malpractice; the victim has the right to file a lawsuit against the guilty party.

How to Prove the Validity of a Clinical Negligence Case?

There are certain things that need to be proved to establish the validity of a clinical negligence case. These things include:

  • The misjudgment or inefficiency caused pain and suffering to the patient.
  • The medical negligence could have been easily avoided if the doctor had been a bit more careful.
  • The doctor breached his duty of care.

Medical Negligence Claims: The Lawsuit Filing Process


There is a specific process to file a medical malpractice lawsuit. It is only an expert and experienced personal injury solicitor who knows the right way to pursue such a claim successfully. Here are some of the basic processes that are followed to file a medical malpractice claim:

  • The victimized patient needs to send a 'Letter of Claim' to the doctor or hospital that treated him. 
  • He needs to mention the particulars of claims and the details of the negligence in the letter.
  • After acquiring the letter, the solicitor of the accused doctor will stand for his client, following which the court proceedings will begin.
  • The court will examine all the documents submitted by the both the parties involved in the case, listen to the logical arguments of both the party and finally decide if the claimant deserves the compensation.
Most of the reputable medical negligence claims management firms and the SRA certified solicitors try to work according to the aforementioned procedure.

Choosing Medical Negligence Solicitors

Try to approach a reputable law firm and get the best solicitor working under the firm. Have a face-to-face discussion with the lawyer, check his performance record and success rate to acquire an idea about his expertise.