You must have heard of the term clinical negligence quite often. Are you wondering how different it is from medical negligence or medical malpractice? Well, there is a lot of confusion about both the terms but the truth is that both of them are the same. Earlier the term medical negligence was more commonly used but after the reforms, the term clinical malpractice or negligence has become the official term and is much in vogue. However, people use either of these terms according to their convenience and understanding.
Okay, the big question is what exactly is clinical negligence? Suppose you are undergoing medical treatment under the care of a medical professional and the treatment that you receive is not up to the standards that you expected. And this substandard treatment results in an injury or loss that could have been easily avoided with proper medical care. This is known as clinical or medical negligence and the medical professional in question is liable for it. Before you file a lawsuit there are quite a few nitty-gritty that you will need to be well aware of. And all these small details will play an important role in making a successful claim.
To file a successful clinical negligence claim the first important factor is “expected treatment”. This refers to the duties of the medical professional. Since the most important duty of a medical professional is to take proper care of the patient under him or her, this factor is pretty easy to explain. The second aspect of consideration is substandard treatment. It has to be proved that the medical professional failed to provide the expected treatment, or that the treatment offered by him was substandard. If this aspect cannot be proved easily then usually an independent consultant’s expert opinion is sought. This may not be that difficult to prove.
The third important aspect is the injury that you have suffered due to negligence on the part of the medical professional. You will need to prove that the injury that you have suffered is because of the medic’s negligence and could have been avoided if he had taken proper care. The fourth aspect is loss to the claimant. You will need to prove the loss that you have suffered. Once this is proved, you can seek compensation. You can ask for compensation for the past, present and future expenses that has to be incurred for the negligence induced injury. The compensation will include general expenses and special damages.
