When you undergo a medical procedure, this can be a worrying and potentially traumatic time by itself. It can be even more of a nightmare scenario if something goes wrong during the procedure and you sustain lasting injuries. The law does allow you to bring a case to try and claim compensation in instances of potential medical negligence, but there are some complications involved. What options might you have and in particular, and what might you not have considered?
What You Need to Prove
A large number of cases are brought against medical practitioners or surgeons each year by people who have sustained an injury following a procedure. These cases can be quite difficult to prove, as there are a number of different standards that have to be met. In particular, the standard of "causation" means that you have to prove beyond doubt that any injury sustained was caused by the actions of the professional, or by the fact that they failed to make you aware of the potential risks.
You might also have to prove that the practitioner did not act in accordance with expected standards in the profession. In this latter case, courts often refer to case law and the opinion of other, similar experts. Once again, this can be quite a challenge to pursue and requires the right type of approach.
What about Manufacturers or Suppliers?
Depending on the type of problem that you had and the procedure in question, maybe it will be an option for you to pursue a manufacturer or distributor of medical products instead? If it won't be so easy to claim against a medical practitioner, then maybe the claim lies against the manufacturer or supplier that provided the product or medical device used in the operation. It could be, for example, that a knee replacement operation went wrong and the cause of the issue was the prosthesis itself. Instead of going against the practitioner in this case, a claim might be brought against the manufacturer, to say that the device was not up to standard or of "merchantable quality."
Product Liability Insurance
There are various courses of action in this type of case, as suppliers and manufacturers of medical devices have to conform with strict legislation in order to deal in the market. In turn, many of them take out product liability insurance coverage and this may be where your compensation lies.
Getting Support in Your Corner
It's never easy to pursue a case of medical negligence, but it can be done successfully if you use the services of a knowledgeable and experienced negligence claims lawyer.