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How do I Receive Clinical Negligence Compensation?

Article Details
  • Written By: N. Madison
  • Edited By: Jenn Walker
  • Last Modified Date: 12 September 2017
  • Copyright Protected:
    2003-2017
    Conjecture Corporation
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To receive clinical negligence compensation, you typically have to prove that you were harmed by a medical practitioner’s negligent actions or lack of action. In most cases, this involves seeking a lawyer's help to first determine whether you have a good case and then prove your injuries in court. In the event you are successful and a court decides in your favor, the defendant will be ordered to pay a specific amount in damages. If you and the defendant agree on the facts of the case and the amount you should receive for compensation, you may choose to settle out of court instead.

The first step in receiving clinical negligence compensation is usually determining whether or not you have a case. In most jurisdictions, you can only win this type of lawsuit if you have been harmed by a practitioner’s clinical negligence and can prove a few things. First, you usually have to prove that you were harmed in some way. Then, you must prove that the practitioner you want to sue was at fault for the injury. Finally, you have to prove that the practitioner’s fault was due to clinical negligence.

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It may be difficult for you to determine whether you have a good clinical negligence case on your own, so you may do well to contact a lawyer for help. Many lawyers offer free consultations to review these types of cases and let clients know if they have a good chance of winning clinical negligence compensation. To facilitate this process, you may take doctor’s reports, notes about the incident, and any witness statements you have to a lawyer. If he believes he can win the lawsuit on your behalf, you may choose to hire him to pursue the case.

Once you have hired a lawyer to work on your case, he will likely gather as much evidence for your case as possible and then file the lawsuit in the appropriate court. He will then work to prove that you have been injured as the result of a practitioner’s clinical negligence. He will usually have to prove the extent of the harm you suffered as well. For example, he may work to prove not only that you were physically injured as the result of a practitioner's actions, but also that you suffered a loss of income that requires further clinical negligence compensation.

Depending on the details of your case, you may even receive compensation for any psychological distress you suffered because of the practitioner’s actions. In many cases, however, a lawyer will have to show that the practitioner behaved recklessly in addition to negligently. This is usually harder to prove than straightforward physical injuries.

Once your lawyer and the defendant’s lawyer have presented their evidence and arguments, a court will usually decide whether to rule in your favor. If you win the case, the court will also decide the amount of compensation you will receive from the defendant. Usually, this is based on the extent of harm and types of harm you suffered as well as the jurisdiction’s laws regarding injury compensation. It is important to note, however, that some cases are settled out of court, with the plaintiff and defendant agreeing to a compensation amount.

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