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Wednesday, 15 May 2013

Medical Negligence Claims Help Patients Recover

People have different experiences when they are inside the Emergency Room of a hospital. For doctors, being inside the Emergency Room may be a dream come true as it is the culmination of years of studying medicine; it is the place where they get to put all their training to good use by saving the lives of accident victims.

For patients, being inside the Emergency Room may be a victim’s worst nightmare. People will be running around the Emergency Room floor as well as other adjoining rooms. People will be shouting at each other by dictating the life signs of critical accident victims and the things that have to be done. And other than the pain of wounds, patients may feel the pin pricks of needles, the scraping of endoscopies, and the slicing of scalpels.

And in all this chaos, it is possible that doctors and nurses may end up missing something that is very important for the life of the patient. Someone may miss out on what medicines a patient is allergic to; someone may forget to add enough lubricant to the endoscope; someone may miss that a patient is diabetic and has trouble clotting any type of wound.

Thankfully, Medical negligence claims allow patients who are victims of these errors to claim damages. An allergic reaction to medicines may cause swelling of internal organs; the failure of add enough lubricant can cause wounds in one’s throat; and incisions on diabetics today may lead to amputations tomorrow.

And since all of these will require money for healing, negligence claims prevent the condition of patients from getting any worse.

Some Clinical Negligence Claims are the Result of Not Getting a Second Opinion

The last thing I want to do after being misdiagnosed with something is to have to see the doctor who did it. It is not that I am afraid of him or am averse to reliving the trauma I underwent, the thing I do not want to have to go through is the feeling of extreme anger I feel for him.

Before being misdiagnosed, I lived a relatively active life. I went to the gym three times a week and would take my mountain bike for a ride in the countryside every Sunday. At the end of each physical activity, I would end up at my favourite pub with my mates for a beer or two to complete my relaxation.

But after being misdiagnosed with some stomach disease, I was put under preventive surgery. The result is that I am now unable to walk a few metres without feeling the need to go to the bathroom.

I can’t exercise in the gym for more than a few minutes; I can’t go farther than my driveway on my bike; and I can’t climb more than a flight of stairs anymore.

With so much change applied to my lifestyle, it only occurred to me to seek a second opinion. I know I should have done that before undergoing the knife, but I trusted my doctor and it never occurred to me to get another opinion. I am now paying the price for that error.

Not wanting to compound one mistake with another, I wasted no time in consulting a solicitor about my situation. And after a couple of meetings, he will be filing clinical negligence claims for this misdiagnosis.

It turns out that my situation is not composed of one, but two problems. The first is that I was misdiagnosed with some stomach disease. And the second is that the operation I underwent two years ago was not a success because I can not even walk a few steps without having to go to the bathroom.

Looking back, all of this could have been easily avoided if I had just gotten a second opinion. But not wanting to hurt the feelings of my doctor has left me hurting.

I was told by my solicitor that some clinical negligence claims are the result of people like me, who do not get a second opinion. So if you have been told by your doctor to undergo an operation, do yourself a favour and visit at least one other doctor for confirmation. You might never need that operation at all.

Tuesday, 14 May 2013

No Win No Fee UK Claims and Domination

Give What You Can

It is a problem in demanding No Win No Fee UK claims that sometimes the attitudes, both good and bad, of the lawyer is inadvertently imbibed by his client. In exerting his authority by ordering his client to do all kinds of tasks—collecting articles of evidence, contacting witnesses, providing factual information—he is also limiting the world of his client and possibly even reshaping it for him. This is something clients should beware.

For one thing, they must learn to discriminate what attitude they should replicate. It may happen that the particular lawyer who you have hired may be too workaholic, to the point that his health is already continually compromised. If you copy his attitude and become dangerously workaholic yourself, then you may reinjure yourself and be unable to proceed with your suit. The eminent reason, in other words, is practical. You need to think very carefully because your claim may be aborted if you do not.

Thus, while it is not an issue whether you should work hard, it is nevertheless imperative for you not to work too hard. You should, in short, give what you can—and no more. In case other people may criticize your decision not to exert all your strength in processing your claim, you must remind them that the rationale of claiming is to earn money primarily to pay for medical bills. A healthy body, to be sure, more than the compensation, is the real aim.

Indolence

It is a sure sign of maturity to discriminate what attitude of your No Win No Fee UK lawyer you should adopt while claiming. Knowing that he too, despite his brilliance, is still imperfect and finite, mature claimants choose to study how he thinks and acts first before finally deciding to judge whether overall his work ethic is a fine one or not. An assumption that is useful to pronounce here is that not everything that lawyers do will always work. There may be times when they shamefully exploit their clients’ trust and credulity to cover up for their bungling mistakes.

This critical attitude should not, however, be used as an excuse to cover up for indolence. It is highly tempting to just sit back and claim that we are still studying the actions and motives of our lawyers instead of trusting him and letting him direct us on what to do. Despite the fact that not all lawyers are ethical or right, the truth is that the claimant will never see for himself unless he does what he is told to do. The consequence of his lawyer’s orders, whether it furthered his claim or not in other words, will then be his guide in estimating his character. Activity and results, to say the same thing in other words, should be our bases in judging our lawyers.

Compensation Claims and Specifics

Precision as a Virtue

Perhaps the first adjustment that first-time claimants need to make when demanding compensation claims is to distinguish general from specific remarks. It is an understood philosophy in ordinary conversations that bare assertions can sometimes supplant solid arguments. Because of the everyday and non-serious nature of most cursory talk, we do not see the need to qualify our statements or place an army of proofs to adduce any of them. On the contrary, we are content with merely stating our opinions and expect other people to agree with us. In case they do not, then we can expect that then and only then will we find ourselves in need of arguments. The mere fact that anyone can contradict us, however, or point out any flaw in our reasoning is so uncommon that except in books, we can expect others to just weakly smile or dismiss what we said than engage us in overt confrontation.

In the courts, however, things are understandably different. Here, any written assertion made must be countersigned by a professional lawyer and if any part of it could be discovered as having been falsified, then the person who stated it could be held in contempt, even imprisoned, depending on the gravity of the lie.

When Claiming, Specify

It is not enough to launch general accusations when demanding compensation claims. Anyone could do that. More than this, you must supplement and verify your general assertions by advancing cogent proofs. Only by packing complete arguments into the courts can you expect to score a victory. Since this requirement of backing up everything you assert while making suit is understandably new to many first-time claimants, which is not their fault at all because ordinary conversations are not as critical, those who are aware of it and are able to come to hearings with airtight arguments usually win in the end.

Second, more than just attaching proofs to your assertions, you must also strive to be specific. For example, if you are demanding an accident at work claim, then you must explicitly explain exactly what injury you incurred and exactly how someone irresponsibly caused it. It is not enough that you assert that you were hurt because of someone. You must show, for example, that you broke your neck because your employer hired an incompetent driver and crashed the vehicle you were both riding. The secret, therefore, if there is any secret, in claiming compensation is to be precise, detailed, and meticulous.

Too Witty for Comfort

What I learned the hard way last year was that you should not be too clever when dealing with whiplash injury claims. That is to say, even though the claiming process is based largely on logic and reasoning, you should not overextend rationalizations to their ultimate results. This is what I mean.

When my lawyer asked me, for example, why he should accept my whiplash injury claims over those of other claimants, I answered that if he did not, then he would have no income, and therefore he would then go hungry and probably die. I honestly believed that it was this kind of logic that lawyers wanted to hear. But apparently I was mistaken. The lawyer I was adverting to not only refused to take on my claims, he even gave me a long exposition on the use of politeness and decorum when transacting subjects of dignity and great import. I offered to retract what I said. I told him I did not mean it. But he wouldn’t talk to me anymore. That’s just sad because I would have added that he would probably die and be mourned in a grand funeral by his friends and family. I wonder how he would have reacted to that. Maybe he would not have gotten angry.

When I got to talk to the judge, for luckily I discovered a lawyer who did accept my claims, I also got into trouble. The judge asked me if I was demanding a claim for the first time. It made me feel horrible. I nearly thought he was acting condescendingly to me. But I simply figured that this question was probably the right way to introduce yourself in the world of law. Without hesitation then, I answered that it was. Not willing to be looked in a bad light, I returned the favor. I asked him whether this was the first time he would try a case too. But to my surprise, instead of answering a happy Yes or No, he held me in contempt and had it put on record that I was guilty of disrespecting his authority. It boggled my mind. Until now, I still don’t know why I was ejected from court that day. But I think I’ve figured out the answer. I should have asked him more respectfully, as in “How about you sir? Is this the first case you will try, your Honor?”

Wednesday, 8 May 2013

The Enormous Task of Medical Negligence Lawyer



Medical negligence lawyer plays a big role in processing claims for a malpractice in the United Kingdom. Clinical or medical negligence can be complicated and it requires an expert advice to attain the right level of award.

The appointed medical negligence lawyer works diligently from the initial interview to the entire process. He provides valuable legal advice, investigates on the issue, prepares the evidence, negotiates on behalf of the client and files the formal complaint in court. The assigned attorney informs the injured person about personal injury claims in the United Kingdom. He interprets the laws governing personal injury and explains the rules and regulations. The client is also informed of his rights and obligations. Proper investigation is necessary. The assigned attorney gracefully achieved this by pouring out sufficient time in coordinating with the concerned parties and doing both paperwork and legwork. Extensive research especially in complex issues is handled with high regard for confidentiality. Pieces of evidence are knit together like the medical report, police report, medical expenses, financial loss incurred and other pertinent documents. There are instances whereby the case is settled out of court. The lawyer accomplishes this by negotiating for the right amount of compensation.

Impressive Traits of a Solicitor

It is necessary to choose the right medical negligence lawyer or solicitor to take on the case. One needs to be knowledgeable, competent and resourceful.

A solicitor who is knowledgeable in handling the claim is reliable because the client trusts that he knows the ins and outs of this specalised area of law. One who has a broad knowledge in bringing a claim knows the best approach to apply in order to achieve the main goal of getting compensation for the injuries sustained from a malpractice. This trait is combined with a wide experience in the litigation process. A legal and medical background in the United Kingdom is advantageous. It is valuable especially in preparing the evidence that will show the type of injury or illness, the severity of the pain, treatment and the overall impact of the harm to the victim of negligence. The solicitor applies the appropriate method in order to gain full compensation for the negligent act committed by a healthcare provider or healthcare professional. He is resourceful in digging the correct information and goes the extra mile to assist the injured person. These are the impressive traits that are important in a legal counsel.

Amazing Role of Medical Negligence Solicitor



What are the duties and responsibilities of a medical negligence solicitor? A medical negligence solicitor carries Herculean tasks in bringing a successful claim for the victims of negligence.

The main role of a legal counsel is to act as a representative for the injured person. An attorney provides expert legal advice to clients by giving information on personal injury claims and explaining the process of filing a formal complaint in the United Kingdom. He supports the client by interpreting the rules and regulations governing the laws in personal injury. The client is also oriented on his legal rights and obligations. Presentation of evidence is essential in proving the validity of the claim. Pieces of evidence are gathered together to show the impact of the harm caused by the accident. This includes the medical report, loss of earnings, medical expenses, receipts, photographs and other pertinent documents. The counsel weaves the evidence one by one and presents it in court. There are instances in which some cases are settled-out-of court. It is one of the specialisation of the solicitor wherein he negotiates the right compensation deserved by the client. Choosing a competent legal counsel in handling the case is necessary.

Incredible Lawyer in the UK

What are the best qualities of a medical negligence solicitor or lawyer?

The best qualities of lawyer are characterized by intelligence, diligence, kindness and strong determination. It takes an intelligent person to win the case. One needs to be smart enough to know the right approach in handling the case. It is important to apply the right strategy in getting full compensation for the victim of negligence. With diligence and hardwork, a lawyer pulls every piece of information to come up with credible evidence. One needs to be resourceful so that the evidence will be presented correctly and accurately. It is admirable for a counsel to go an extra mile to help the client in achieving the right compensation. An extensive number of hours in conducting research are poured out just to obtain the correct information. The kindness of an attorney is displayed in the way he process the claim. This is seen in the way he communicates and arranges everything. This creates a good rapport with the client. He makes the situation lighter by his positive outlook in life. A strong determination drives him to fulfill his responsibility. Truly, it is such an incredible task. It’s simplifying what seems to be a complicated work.