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Clinical Negligence And Its Aftermath

By David Halbert

In the UK, the NHS strives to provide the best medical care possible, but at times, mistakes do occur. A wrong diagnosis, insufficient care, wrong treatment, and mistakes in surgery occur. What people do not realise is that people working in the healthcare sector are also humans, and they can also make mistakes. Regardless of all the training, and studying that they do, they can still be wrong.

The aftermath of the clinical negligence is to prove the doctor as a wrongdoer, as he/she had failed to duly treat the issue and had not put forth all the risks involved; consequently, his/her course of medication turned out to be sheer malpractice. Any delay or failure on the part of the doctor makes him/her susceptible to clinical negligence and the same goes for the hospital where such case of clinical negligence had occurred.

The course could go to court with the intent of obtaining compensation. Furthermore, it may also be settled out of the court though mediation. In the case of mediation, you might get an apology, and an explanation as to why you were treated the way you were. This will allow you to influence better policies, so that the chances of this negligence could be reduced in future.

In order to file a clinical negligence case, make sure that it is done within three years of the time either when the negligence occurred, or when you actually became aware of an injury resulting due to negligence. The time limit could be contested in case the affected is a child, someone with hearing disability, or someone suffering from a mental health problem. In certain cases, exceptions could be made regarding the time limit.

If you are still dissatisfied, you can appeal for an independent review. The address of the independent review secretariat will be given on the letter that you receive regarding the local resolution. An individual reviewer will handle your complaint. He or she can send the complaint back for review to the local resolution. The reviewer can get an independent panel to review your complaint. Refer the complaint to a professional body that is not under the NHS. Lastly, the reviewer may decide that all that could be done has been done, and take no further action.

However, it requires a little effort to prove your point and to make the doctor stand responsible for the entire negligence; the victim is advised to consult a legal firm of solicitors who shall provide their expertise and make it possible to win the compensation claims.

You would also be compensated for any loss of earning because of the injury. This may include expenses, medical bills, and travel charges.

Seeking a judicial review can be a long drawn out process, and may take years to resolve. Every year there are thousands of cases of clinical negligence under process in various courts. Even after a verdict is given in the claimants favour, it may take years to get the compensation. In a large number of cases, it has been found that the compensation given has not been enough to cover the legal costs. Therefore before seeking a judicial review on clinical negligence, you must determine if the compensation that you may receive will be what you were seeking.

Medical negligenceHow to bring a claim for Medical Negligence.

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Article Citation
MLA Style Citation:
Halbert, David "Clinical Negligence And Its Aftermath." Clinical Negligence And Its Aftermath. 27 Jun. 2010. 21 Apr 2015 <>.

APA Style Citation:
Halbert, D (2010, June 27). Clinical Negligence And Its Aftermath. Retrieved April 21, 2015, from

Chicago Style Citation:
Halbert, David "Clinical Negligence And Its Aftermath"

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