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.