Can You Claim Medical Negligence for Your Child?

Medical negligence compensation claims are usually misunderstood. People ask that do evry one have this right? The answer is yes. One can claim for medical negligence that was brought upon a child. Medical negligence claims are very easy and there is little proof which is required to provide. There can be small claims for minor negligence and big and diverse claims for big injuries. But it is clear that parents or guardians can bring a claim for medical negligence to get compensated. For those who have age less than 18 cannot claim compensation. Because in the eyes of law, those are minors who do not have full status in the court and they cannot enter a complaint on their own behalf. That is why their parents or guardians need to claim for compensation.

Variety of claims 

Medical negligence can lead to a lot more different conclusions. Sometimes there is loss which cannot be undone. And it is clear that it purely happened due to medical negligence. For such cases, it is possible that compensation that is claimed by the claimant is complied. Court does not feel to lower the compensation which is demanded. It is because what is negligently happened cannot be reversed. Best compensation for such cases is the age-long care protection for everything from the child to the defendant.

Also Read Related Article: What happens to a doctor who violates medical ethics?

Estimation of compensation 

It is solely the job of the court. Claimant can only give his/her demand but most importantly it is the court which decides the amount of the compensation. And if there is non-monetary compensation, it ought to be also decided by the court.

Proof of medical negligence 

It is the most important part of asking for a claim. It is up to the claimant to show that any incident for which compensation is claimed is solely medical negligence. For that matter, if courts seek it feasible they can ask their concerned medical experts to identify to know what is the real cause of the incident for which the claim is demanded.

Collateral damage is important here 

Sometimes it is not only the medical negligence. Sometimes a certain claim is asked due to medical negligence but there is collateral damage of some other big incident. For example, a surgeon is asked to reach hospital for immediate surgery but all routes to the hospital are almost closed because there is a concert of world top class singers. Whole country is in one city to attend the concert. There is no space on roads to reach the hospital for the surgeon. He/she reaches almost one hour late and it is too late to recover the patient. For that only medical negligence is not the point. It is collateral damage.

There is a time limit for claim

Legally there is a time limit for claim. Normally there are three years from the date of the incident to claim for compensation. It is normally recommended that one should ask for compensation as early as possible.

Can You Challenge a Percentage of Fault for Car Accident?

A car accident is a common type in which the percentage of said claim is being challenged. The accident may occur due to several reasons, from over speeding to the negligence of the driver. In case of over speeding, one is fined with partial fault. The damage caused by the other car to yours can be claimed with supporting evidence. In such a case one always has an option to challenge the percentage of fault which is given in terms of a car accident if that does not satisfy him.

Road traffic accident not only gives physical loss but can also cause some real-time psychological trauma as well. The victim in this case can always lodge his complain and demand compensation for the sake of its car’s maintenance. The fault for the car accident includes the maximum maintenance of the car and if the driver is being injured then his treatment also becomes obligatory for the opposite party. In most cases the settlement got finalized at the time of the accident but if the dispute continues then one needs to hire a lawyer to make the respective claim. In such a way, a court decides how much compensation is required to form the side of the affected party. This sometimes becomes troublesome for both parties as it is time-consuming and takes a lot out of it.

The sensible and widely practiced method in this regard is the on-site settlement. At the scene of an accident, the traffic police can act as an arbiter and issue a ticket of fine to the one who is said to be responsible for such a mishap. The settlement agreed on that very point of an accident in terms of cash or promising complete maintenance.

After the settlement, for instance, one feels that the given amount is not worth the accident then he or she can openly challenge the claim. For this, one has to reach out that person sends a notice from the official authority in which it should be stated clearly that why one is challenging the made claim.

The reasons for the challenged claim could be :

The amount is insufficient for the proper maintenance of the car

The medical treatment of the affected person requires more than the given amount

In case of cheque deposit, the cheque got bounced back

Conclusion

The claim of compensation and later the challenging of that very claim is everyone’s right. The right of compensation is termed as a basic human right in every civilized society. There is no other way to satisfy the loss than to pay a notable amount to the victim. In some cases the given amount is not sufficient and causes further distress to the affected person, I such a case the law has given leverage to the victim to challenge the very claim and demand more out of it. This truly signifies the importance of claim and also gives a message with amplifies the importance of law and rules set by the authorities.