Elements of a Successful Clinical Negligence Claim

Post 8 of 9

A legal offense is composed of several elements or defined parts. In order to make a successful clinical negligence claim, the plaintiff must prove all the elements. The inability to prove any of the defined parts can lead to the loss of the case. Below are the the essential elements of a successful claim:

Elements of a Successful Clinical Negligence Claim Elements of a Successful Clinical Negligence Claim Picture

The parties

The plaintiff is the patient or the legally designated person, such as the descendent, the administrator or the executor of the deceased patient’s estate. The person responsible for the clinical negligence is usually a medical health care provider. The term can refer to any care provider, including nurses, therapists and dentists. Moreover, nurses or non-physicians are not protected if they were following orders in medical negligence cases. Medical corporations, hospitals, managed care organizations and clinics can also be held liable for the mistake of their employees.

Liability

In order to win a clinical negligence case, it is necessary to prove that a nurse, doctor, surgeon or other medical health care professional did not offer you a reasonable standard of care, treatment or skill. The medical treatment is judged by the standard action taken in such case. If another professional says that he would have acted the same in a similar situations, you will not be able to bring the claim.

Causation

Proving the injuries you suffered because of clinical negligence requires an expert medical opinion. Any non-negligent outcomes or inevitable suffering and pain caused by your underlying condition is not considered relevant. The plaintiff can only claim the extra suffering and pain caused by medical negligence.

Elements of a Successful Clinical Negligence Claim Elements of a Successful Clinical Negligence Claim Picture

Damages

This element of a clinical negligence claim represents the amount of compensation you can receive, valued by the court or agreed with your opponent. The amount of damages depends on the severity of the injury and how it affects your lifestyle. General damages include compensation for the pain and suffering, while special damages refer to past and future financial losses. Moreover, the interest upon your award of damages is added to the amount. Because clinical negligence claims are very expensive to pursue, they are judged against the cost of pursuing them. If the legal costs are more than the potential value in damages, filing a claim might not be possible.

Statute of limitations

The statute of limitations is a limited time during which a plaintiff can file a clinical negligence lawsuit established by a statute in a common law. The time can vary per jurisdiction and the type of malpractice involved, therefore each state has a different statute of limitations. Similar provision are usually used in a civil law system and is known as periods of prescription.

In order to increase your chances of receiving medical malpractice compensation, we advise you to do some research on medicalnegligence.center. On that website, you will find information on different types of medical negligence, advice on how to file a malpractice claim or tips on how to find a good medical negligence solicitor.