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Negligence Claims

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Negligence Claims

It is fortunate that the majority of medical treatments that our ears come across are uneventful; the patient recovers and all turns out well. However, there still exists that minority where the treatment provided goes wrong and even the most routine treatment comes up with devastating consequences for the patient and the family.

Medical Negligence is the conduct of medical representatives that falls below the standard of care required by law for the protection of others.  Sometimes this is expressed as failing to do what a reasonable and prudent person would do under similar circumstances.

Nowadays, hospitals have actually become dangerous places where standard of care is being frequently violated. A BBC investigation revealed that between 2009 and 2012, more than 750 NHS patients suffered preventable mistakes, including instances where patients had the wrong limb amputated.

Filing claims for negligence can be tricky if the claimant is not well aware with the governing law. Generally, in addition to showing that someone owed a duty of care which was not met, one must also show that such negligence proximately caused the claimant's injury and/or damages. Let us explain this with an illustration. A driver of a vehicle owes a duty to his/her passengers, other motorists, and pedestrians to use reasonable care in the operation of his/her motor vehicle.  If the driver "runs" the stop sign, he or she would be called negligent. However, if no harm was done because of his/her “running” the stop sign, he/she would not be liable for such negligence.   On the other hand, if while "running" the stop sign the driver causes a collision with another vehicle, the negligent driver could be held responsible for the injuries and damages sustained by those with whom he/she collided.

Violation of law may also be considered as negligence in certain cases if the enactment of such law was intended to prevent the type of injury or harm which was caused by the negligent conduct at issue.   The example stated above also explains the violation of law as negligence where the law requires motorists to stop at stop signs with an intention to prevent collisions at intersections and running the stop sign hurting somebody would be called negligence.

What would you do if your attorney says that you do not have a “good case?” Determining whether or not one has a "good case" is not always an exact science.  A determination as to whether or not one has a "good case" depends upon a professional judgment, considering various factors, of experts and attorneys. Therefore, it is recommended that one seek a "second opinion" from one or more qualified attorneys if told that one's case is without merit. ExpertsLand comes into the scene here. We have qualified experts appointed to work on professional negligence claims.

Having been a victim of negligence, one must always know the time required to file hospital negligence claims. "Statutes of limitation" govern the length of time one has to file a lawsuit or be forever barred from pursuing such claim.  For example, under Georgia law, different statute of limitations periods apply as to personal injury cases under various circumstances.  In some cases, the statute of limitations may be as short as a year, while under different circumstances, it may be eight years or more.  Many factors bear upon when the applicable statute of limitations period expires including the age of the plaintiff, the type of personal injury claim, the particular facts giving rise to the injury, and others.  To be able to file a claim successfully, one must make sure that he/she knows the statute of limitations applicable on them or else, they might end up risking their legal rights. To provide assistance with such legal information, ExpertsLand provides 24*7 online platform where masses can connect to attorneys and have their doubts resolved.

A potential claimant seeking the advice of an attorney should do so without delay. In certain cases, there may be other deadlines that may also impact the case.  For example, claims against government entities may require that the entity or entities be put on "notice" much earlier than the statute of limitations period.  Furthermore, given that expert and legal analysis must be done prior to filing a lawsuit, you should not wait until the statute of limitations period is nearing its end because the attorney may not have enough time to complete his or her review prior to its expiration.  So, refer our experts now to know your statute of limitations.

Moreover, one must act as early as feasible in case of a medical negligence as there are other benefits to securing obtaining counsel early on as well.  Memories of the event or events in question tend to fade in witnesses, potential witnesses may later be unavailable because they have moved, become incapacitated, etc. Earlier the action more is the probability of success.

Generally, claims for negligence must be brought within three years of the date of the injury. However, if the patient had not realized that the injury sustained was as a result of his/her medical treatment until a later date, then the limitation period may not start until that date. When the injured person is a child, the limitation period does not start until the child’s eighteenth birthday. In case the victim does not have the mental capacity to understand the complexities of bringing a legal claim or manage his/her affairs, there is no time limit.

We hope that you will never need to contact us; however, if at any time you feel that you have been a victim of medical negligence, you are invited by our experts to get assistance in filing a medical negligence claim and get appropriate guidance. ExpertsLand is a team of experts who are experienced and passionate to help. Promising 100% satisfaction, we have resolved almost 1, 09, 0190 queries till date.  Sound legal advice at a nominal price was never as approachable. Register now to get expert advice from ExpertsLand.


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