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તમારા વિસ્તારમાં કોઇ કાનૂની સલાહકાર શોધો

14 Medical Accidents

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1. Introduction

2. What is a medical accident?
If something goes wrong when you are having medical treatment, this is sometimes called a ‘medical accident’ or ‘adverse event’. If your treatment has not worked or there have been complications, it does not always mean that there has been a mistake, or that someone is to blame. In some cases, you have to accept errors or complications as unavoidable risks of the treatment, which the doctor or other healthcare professional cannot be blamed for. For example, if you have major heart surgery, the operation always carries risks. And even minor procedures can lead to complications.

‘Clinical negligence’ is a legal term to describe a medical accident where a patient has been harmed because a doctor or other healthcare professional has not provided the proper standard of care. It doesn’t mean this person was incompetent. It can just mean they made a mistake in that particular case. Clinical negligence includes things like:

  • making a mistake during surgery;
  • giving you the wrong drug; or
  • making the wrong diagnosis or delaying a diagnosis unnecessarily.

Clinical negligence can include not doing things that should have been done, such as:

  • not giving you the treatment you should have had;
  • not getting your consent (agreement) to treatment; or
  • not warning you about the risks of a particular type of treatment.

If you or a relative have suffered clinical negligence, you may be able to claim compensation.

3. What should I do if I have suffered a medical accident?

4. How do I find out more about what happened to me?

5. What if I want to complain about a professional´s behaviour?

6. When can I claim compensation?

7. How do I claim compensation?

8. How do I decide whether to take legal action?

9. What if I can´t afford to pay for a solicitor?

10. What do I have to prove to claim compensation?

11. What can I claim compensation for?

12. What can I do if my treatment was private?

13. What if a relative has died as a result of a medical accident?

14. What if my injury was caused by faulty medical equipment?

15. What if I want to make sure that the same mistake is not repeated?

16. Further help

17. About this leaflet

Logo of AVMAThis leaflet is published by the Gurkha Free Legal Advice (LSC). It was written in association with Action Against Medical Accidents.

Leaflet Version: June 2008

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