Know your Rights in a Medical Emergency

Every now and then, we depend on the healthcare system to help us recover from something, or when we face a medical emergency. But, sometimes, in rare cases, things can go wrong and leave you in a world of doubt. What can you do? Can you get justice if something goes awry due to medical negligence? Can you claim compensation for a bad side effect from a drug? This article will hopefully answer those exact questions.

What Happens if I suffer an Issue after Healthcare?

If this is the case, and you have suffered a mishap with your healthcare, then there are multiple options to choose from. You can either file a complaint that would be followed up with changes to ensure it doesn’t happen again. Or, the other route would be a formal lawsuit, but you would need to seek legal assistance for this. In addition, an experienced legal funding company like Legal-Bay would be able to advise and assist with the funding of your lawsuit

Medical Emergency Signing paper

Will I need to Go to Court?

In many cases of medical negligence, the cases actually do not make it to court and can be settled outside. Some are successful, but some are unsuccessful, so you need to be prepared for the worst when it comes to filing a lawsuit against a health care establishment. However, if you do need to go to court, it is said that many people are surprised at how relaxed the environment of a court really is. Although it can seem scary, they are there to weigh up the evidence, and the other side, and then make a decision. They are employed to hear your case and judge upon it.

How much can I Potentially Claim?

This is a completely subjective figure. The factors that affect the amount of your claim, are as follows;

  • The extent of your injuries or illness imposed by the healthcare provider.
  • The expenses you have been forced to pay because of the situation
  • Any future care costs that need to be paid to ensure your full recovery, or future support you need. 

Once these figures are found, then the amount you can claim for will be evaluated.

Can I make a Claim in Behalf of my Child?

You are legally allowed to make legal decisions on behalf of your children. If you were to win the claim that you put forward, the money can either go to you to decide where it goes, or a legal trust can be set up in which your child can access when they are of legal age to access it. 

What if I Suffer a Bad Side-effect from Prescription Drugs?

Sometimes, the drugs we take can lead to long term effects on our health. For example, one of the big lawsuits in the past has been between talcum powder lawsuits. It has been said and tested that talcum powder may have a link with Ovarian cancer, so the company Johnson and Johnson have been taken to course multiple times to try and get justice for those women affected.  

It is not nice though having to take anyone to court or file a lawsuit, but if you feel you have been mistreated by a healthcare trust, it is always important to weigh up your options before you make a decision.

3 Comments

  • Rosie

    I’d add to be careful when selecting an attorney. A good one will be forthright with you about the viability of a case, they will often give you a free consultation. You need to be brutally honest, because you can hurt your case by leaving out details that don’t make your story sound so good, lawyers hate those details coming out in the middle of a case, a bad surprise that can jeopardize your case.

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