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Liability for Medical Malpractice

Introduction to Liability for Medical Malpractice

One of the most difficult ordeals a person can experience is when he/she gets sick. Having a sickness isn't a joke, as there is a chance that the recovery might prove difficult or even impossible. However, there are some sad stories that tell about how the ordeals of sick patients were doubled when they were wrongly treated by the health care provider that they trusted. Indeed, health care professionals have the responsibility to shoulder their liability for medical malpractice. If you have fallen victim to medical malpractice and you have sought legal action to obtain compensation, here is a bit of good news; the United Kingdom is very keen on making health care professionals act more responsibly by imposing on them to shoulder their liability for medical malpractice if they commit a professional mistake that can cause severe harm or even death to a patient who is under their care. To learn more about liability for medical malpractice, read on:

Forms of Compensation

A liability for medical malpractice may be comprised of several things. First, the concerned health care professional has to take into consideration the fact that a wronged patient has lost past and future income due to the damage he/she has cost him/her. The professional also has to take care of the medical care needs of the patient from the past to the future, especially if the harm he/she has caused resulted in a prolonged medical condition for the patient. Medical expenses such as checkups and prescriptions should also be shouldered by the health care professional concerned. If the patient has experienced pain or is currently suffering psychological damage, the health care professional has no choice but to take care of that as well. The loss of life and employment opportunities is also a major factor that health care professionals should compensate. Lastly, the health care professional who has done wrong is expected to shoulder the legal expenses incurred by the complainant in his/her attempt to bring the professional in question at court.

Court Verdict or ADR

Liabilities for medical malpractice can either be settled by a court verdict or by ADR, Alternative Dispute Resolution. For medical professionals who admit their mistakes, they have the option to suggest an external settlement (a form of ADR). The external settlement often includes a settlement sum that is paid to the patient and/or his family plus a few provisions that have been agreed upon by both parties. If, in case, the professional does not want to admit his/her mistake, he/she may let the case come to court and risk being struck off the register, serve time in jail, and pay fines for the professional mistake if proven guilty of the charge.

Of course, the decision of whether the case can be settled in court or at an ADR will depend on the victim and/or his family's decision. Experiencing medical malpractice is a very traumatizing experience, and there are people who will not be content with merely receiving payment in exchange for not taking matters further.

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