Know the Requirements and Compensation for Medical Negligence Claims

Take a look at the two common questions raised by people who intends to file for medical negligence claims in the United Kingdom.

1. What are the requirements for medical negligence claims in the UK?

A person who wants to bring a claim needs to meet the law requirements for personal injury. First, it is essential to prove the existence of duty of care. Healthcare providers and healthcare professionals are responsible in rendering a standard of care. Both inpatient and outpatient facilities are covered in the claim. Inpatient facilities include hospitals, and nursing homes. Outpatient facilities include doctor’s offices, dental clinics and medical laboratories. Healthcare professionals such as doctors, surgeons, physiotherapists, dentists and nurses are responsible to render a standard of care. Second, a breach of duty needs to be proven. A healthcare professional who failed to render a standard of care such as a misdiagnosis, wrong treatment and incorrect prescription of drugs has breached a duty of care. Third, causation between the breach of duty and injury needs to be established. It is necessary to prove that a malpractice is the cause of the injury. Lastly, an injury needs to be proven. Injury can be physical or psychological. A medical report should be submitted to establish the validity of the claim.

2. What are the kinds of compensation that can be granted to a claimant?

Medical negligence claims compensates for sufferings endured by the claimant. General and Special damages can be granted to the claimant. The first one compensates for the non-quantifiable aspect while the second is a compensation for quantifiable aspect of the claim.

General damages pertain to the physical and psychological pain endued by an individual. It includes loss of enjoyment of life, loss of reputation, disfigurement, impairment, loss of use, loss of consortium and loss of income opportunity. On other hand, Special damages compensates for the economic loss experienced by a person after the incident. It includes loss of income, medical and care costs, travel expenses and other expenses. Both actual and estimated losses of earnings are included. It takes into account the pay increases, promotion prospects and other benefits of the individual. Medical and care costs such as medical expenses, hospital charges, treatment fees,  surgical support and care provided by other people are included. Travel expenses like trips to the hospitals, attending appointment with an expert and other journeys related to the injury are covered. Miscellaneous expenses such as additional utility costs, items purchased because of the injury and other out-of-pocket expenses are also included.

An expert lawyer provides legal assistance about the compensation. It is recommended to seek legal advice from the expert.

Despite Advances in Technology, the Danger of an Accident at Work Still Exists

As far as I am concerned, I have always felt that there was something romantic about working in a mine.

My father worked in a gold mine, and his father worked in a coal mine before that. So it was no surprise that I ended up carrying on with the family business.

And while working in a mine generations ago was not only downright dangerous, it was backbreaking work. This is the reason why a lot of old songs about working in mines proliferated during this time; mining is one of those things that have turned in to a legend, just like working on the railroad was.

Today’s mines, while still dangerous, are not as physically demanding as the days of my grandfather. During his day, people would use shovels, pickaxes, and even hammers just to extract coal from deep within the earth.

In my father’s time, advances in chemistry had them working with toxic chemicals to make gold extraction much faster. And in addition to shovels and pickaxes, they carried around buckets of dangerous liquid with them.

Given the working conditions my father and grandfather went through, it is understandable why many of their miners succumbed to injuries due to an accident at work.

Looking back at what they had to go through, I am fortunate that technology has improved that heavy machinery has made life a lot easier for me. What my grandfather could do in a week with a pickaxe, I am now able to do in a day with my jackhammer. And what would take my father months to do with a shovel, I can do in hours with modern hydraulic diggers.

And while the productivity of my generation of miners has skyrocketed, the dangers we face are still the same. Cave-ins, noxious fumes, and even people being struck by vehicles still form part of the risks miners face today.

And just like my father and grandfather before me, the only way to avoid getting in to an accident at work is to keep you wits about you. Stay alert, never hesitate, and move fast when needed.

With this in mind, I hope to live just as long as they did, which is into their nineties and pass on what I have learned to the next generation of miners.

Accidents at work: It’s temporary!

Accidents at work can be so shocking and most of all painful.

It shocking because in the midst of the hustle and bustle of life, an injury prevents you from working, limits your movement, robs you of enjoying a social life and give you pain here and there. To add problems to that, financial burden weighs you down. Bills and expenses are piling up almost reaching the ceiling but oh no! not as high as the tree. Oh please! Bills keep coming, expenses keeps rolling and pocket is getting empty. Payment for hospitals bills, medical costs, treatments fees, travel expenses, additional expenses and other miscellaneous expenses that arise from time to time.

Going back to and from the hospital is not easy especially when it’s hard to hop into the car. Looking at yourself injured and helpless is unimaginable. Taking medicines which are bitter to taste gets bitter knowing that it’s quite expensive! Treatment gives hope. Thanks to the people who buy the groceries, run errands and takes care of all the chores at home. Such a big help!

Good thing the technology can be reliable. Just a click away you can talk to your loved ones and entertains you while you can’t leave the house. Mobile phones, Internet and movies, books and music entertain you everyday.

The excruciating pain plus the emotional distress seems hard to bear. Sometimes anxieties worry depression and fear comes because of the problems that seem so big. But thank God for the support of family, friends and relatives who encourages and give hope. Soon this ordeal will be over. Pain will walk away and the bills will be paid. Trying to think positively and excited to get back to work. The pain and suffering is temporary. There is hope and a light at the end of the tunnel.

Someday you will look back and smile after going through the hard times. Learn from the experience in the past. Stay positive and keep happy heart so that time and pain won’t rob you of the good things in life. Hang on it’s temporary.

SPELL S I- M-P-L-E

It’s disappointing to know that accidents in the workplace are caused by a simple negligence that costs unnecessary pain to an innocent victim. Do you know why it is simple? Let’s take a look at the common situation that is neglected and ignored by people.

A workplace accident happens when one is too busy to care. Granted that a worker is busy fixing a defective equipment, but it is not an excuse for him to scatter all the tools and materials lying on the floor. What if another co-worker is also busy rushing to and fro to get his work done? The scattered tools and tangled cable obstructs the passage way. And the next thing you know is that someone slipped on the floor. The first “busy” worker should organise and keep away any obstruction so that no one gets hurt.

Another slipping and tripping incidence occurs when there is a spillage. Spilled water or any chemical flowing on the floor should be cleaned immediately. The one responsible for it should take action – immediately! If he cannot do it, he should inform the maintenance staff to clean up. Immediate action is needed because someone may get hurt. This same goes with an uneven surface or pot holes that should be repaired.

A retail staff may be in hurry and puts the boxes on top of another without thinking that it might fall and hurt a colleague. True enough, just after he left the area, another staff became the victim of that negligence. The staff mentioned earlier could have been more considerate and fix the boxes properly so that an accident like that can be prevented.

Did you know that over-confidence can hurt? A worker who taught that a table and chair would be enough to reach an item would turn out to be a disaster. The table and chair used are not good enough to stand his weight that it collapsed and injured his legs.

It’s a simple act and a common sense. Workers needs to think twice before carrying out any task and ask – “What will happen if I do this…or not?”

An Injured Man of the House

What are the struggles of an employee who experience an accident at work? It is hard to describe or even cannot be counted. It’s like counting the clouds or the pebbles on the shore.

An accident at work weakens an employee not just physically but also emotionally, psychologically and financially. Broken, bruised and hurt – a sad description that can be painted from the face of an injured worker who just want to work and provide for his family. His injuries prevent him from working. As a man of the house and breadwinner in the family, it’s painful for him to see himself stuck in a situation he cannot escape but just accept the situation that temporarily he cannot work. Yes, it’s temporarily. But the temporary situation seems to be eternal because the injury is so painful. No one seems to know and understand the depth of pain brought by the fracture that limits his movement. The nagging pain in the wee hours of the morning wakes him up. Tossing and turning to find the best way to sleep. It seems hard to see himself being fed and taken care of his family while he recalls the previous week that he was strong as a horse working from dusk til dawn. And now, he depends on the assistance of his family who provides support for him to get through the day. He exclaims in disbelief - “This is not happening!” Is it pride or just in denial? Quite unbelievable, but the man of the house feels the pang of this ordeal. The hours seems to be like days, the days seems to be weeks and the months seems to be years. Little by little, he steps into recovery. Day by day he looks forward to the day he could stand up straight again and get back to his normal life. He looks at the light at the end of the tunnel. Hoping…wishing…and…believing that the God of mercy will restore what was lost. He shall face another day with great hope knowing that life must go on.