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Medical Negligence Vs. Personal Injury – When to Make a Claim

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You may find yourself at a crossroads when it comes to your healthcare-related civil claim. There are two kinds of claim which can apply to having suffered an injury: medical negligence, and personal injury. But what do these terms mean, and which one might apply to your specific case? Read on to find out the differences between medical negligence and personal injury, and how they may apply to you.

Personal Injury

Personal injury cases are civil cases used to establish fault for an injury, and claim compensation for the damages incurred by that injury. Essentially, you may require the services of a personal injury solicitor if you believe you were in an accident that was not your fault. The party at fault could be an individual or organisation, with varying degrees of abstraction depending on the injury-causing event. For example, if you were to slip and fall as a result of a faulty washing machine leaking water, the manufacturer of that washing machine may be liable. A high-profile example of this is the infamous McDonalds lawsuit by Stella Liebeck in 1994. Though the U.S. law system differs from the UK’s, the principles of personal injury remain the same – and in this case, Liebeck’s burns were not the fault of the employee that served the coffee, but instead the organisation that mandated the serving of coffee at that temperature.

Medical Negligence

A medical negligence case involves, at its core, the assertion that a medical practitioner’s failure to fulfil their duty of care to a patient resulted in their impairment or injury. If you have suffered as a result of a missed diagnosis, misdiagnosis, overpresciption, underprescription, mistakes made in surgery or even abuse at the hands of a medical professional, a medical negligence case would apply to you.

Medical negligence is a complex field, wherein several factors need to be established and confirmed before a case can proceed. Duty of care needs to have been established between practitioner and patient, and evidence of failure to fulfil it documented. Then, dereliction – or the action/inaction which directly resulted in the injury of the patient – needs to be illustrated, as well as the damages incurred from that injury. Lastly, causation needs to be proven; the practitioner’s dereliction must be conclusively documented to have directly caused the injuries for which damages are costed.

What are the Differences?

Personal injury claims can be against any guilty party, and are most commonly used for public incidents such as workplace injuries or car accidents. Medical negligence cases, however, are highly specific to the field of medicine. Any medical negligence cases would hold the healthcare provider to be at fault for your injury, with specific practitioners named in the process. In the vast majority of negligence cases, the NHS are the defendants – though in some cases, claims against GPs and private practitioners occur outside of their employment by a health service, and compensation is paid from separate insurance funds.

Michelle has been a part of the journey ever since Bigtime Daily started. As a strong learner and passionate writer, she contributes her editing skills for the news agency. She also jots down intellectual pieces from categories such as science and health.

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Health

Demystifying Health Insurance: Insights from Celia Reeves for Making Informed Choices for Better Care

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Making informed choices for better care starts with a clear understanding of your options and a careful evaluation to ensure the best possible outcomes. Health insurance plays a crucial role in mitigating the risk of accumulating medical debt. To make the most informed decisions, begin by consulting reliable sources and seeking expert opinions. Engaging with healthcare professionals to discuss your specific needs and preferences allows you to weigh the benefits, risks, and costs associated with each option. Additionally, staying updated on the latest advancements and treatments is essential. By actively participating in the decision-making process and staying well-informed, you can enhance your care experience and achieve more personalized, effective results.

Navigating the complex world of health insurance can be daunting, given the wide array of plans and their intricate details. Yet, understanding the different types of health insurance policies and their implications is crucial for making informed decisions that not only enhance the quality of your care but also safeguard you against unexpected medical expenses. Alarmingly, about four in ten adults (41%) report being burdened by debt from unpaid medical or dental bills. The high cost of care is a significant barrier, with 9.3% of adults in 2022 avoiding doctor visits due to financial concerns. Simplifying these key aspects of health insurance—such as various plan types, common pitfalls, and effective strategies for selecting the most suitable coverage—is essential for better financial and health outcomes.

Amidst these complexities, Celia Reeves, also known as Celia “Cici” Reeves, the dynamic CEO and founder of Medical Coding Mama, provides a powerful example of how personal experiences can shape professional expertise. As CEO of Medical Coding Mama, Celia’s journey began with a profound personal experience: the support she received from doctors during her late husband’s battle with cancer. Inspired by this, she pursued a career in medical coding, dedicating herself to her studies and earning national certification in 2009. Her career flourished in Tucson, Arizona, where she worked with the state’s first female urologist and later founded Medical Coding Mama in 2016. 

This venture allowed her to combine her coding knowledge with her experiences as a single parent, furthering her impact on the medical coding community. Today, Celia continues to excel in her field, finding joy in Arizona sunsets and spending time with her teenage daughter, all while contributing significantly to the medical coding community. Her story underscores the tangible effects of healthcare on individuals’ lives, bridging the gap between the abstract intricacies of insurance and the real-world impact of medical care.

Types of Health Insurance Plans

Health insurance plans come in various forms, with Health Maintenance Organizations (HMOs) and Preferred Provider Organizations (PPOs) being two of the most common.

  • HMOs require members to choose a primary care physician (PCP) and get referrals from this PCP to see specialists. While these plans often have lower premiums and out-of-pocket costs, they limit access to healthcare providers within the HMO’s network.
  • PPOs on the other hand, offer greater flexibility. Members can see any healthcare provider without a referral, though staying within the network reduces out-of-pocket costs. PPOs typically have higher premiums but provide more freedom in selecting providers and accessing services.

Another option is Co-operative health plans (co-ops), which are member-run organizations operating on a non-profit basis. These plans can offer more affordable coverage through collective bargaining, but they vary significantly in structure and coverage, making thorough research essential.

Avoiding Unexpected Medical Bills

Celia highlights the importance of thoroughly understanding your health insurance policy to prevent unexpected medical expenses. “I admit, the policy can be tedious to read, but skipping it can lead to more trouble than it’s worth. It will clearly outline what’s covered and what isn’t,” she explains.

She advises reviewing your coverage details to understand which services, treatments, and medications are included. Pay close attention to whether your plan uses in-network or out-of-network providers, as opting for out-of-network care often results in higher costs. Additionally, familiarize yourself with deductibles, copayments, and coinsurance rates to better budget for medical expenses and avoid financial surprises.

Common Pitfalls in Choosing a Health Insurance Plan

One significant pitfall is choosing a plan based solely on its cost. While lower premiums may be appealing, they often come with trade-offs like higher deductibles or limited coverage. Another common mistake is not fully understanding what is covered under the policy. This can lead to discovering gaps in coverage only after incurring medical expenses.

To avoid these issues, focus on “non-negotiables”—the crucial services and benefits that must be included in your plan based on your health needs. Prioritizing these ensures that your chosen plan adequately covers necessary treatments and services.

Comparing Health Insurance Plans

When selecting a health insurance plan, Celia emphasizes the importance of considering several key factors to ensure you choose the one that best fits your needs. 

First, be transparent about any pre-existing conditions to evaluate how effectively the plan addresses your specific health concerns. Next, verify that the plan covers your medications and understand how these are categorized in the formulary, as this will influence your out-of-pocket expenses. Additionally, compare the plan’s coverage options for specialist care, emergency services, and preventive care to ensure it aligns with your overall healthcare requirements.

Resources for Understanding Health Insurance

Understanding your health insurance benefits becomes much simpler with the right resources. As Celia advises, don’t hesitate to reach out to the insurance professionals who sold you the policy—they’re there to answer your questions and can act as a crucial link between you and the insurer, especially if any issues arise with your coverage. The Summary of Benefits and Coverage (SBC) is another essential tool, offering a clear overview of key policy details to help you quickly grasp the important features and limitations. Additionally, online tools and calculators allow you to compare different plans based on your specific health needs and financial situation, ensuring you select the best option for your circumstances.

Making informed choices about health insurance involves understanding the types of plans available, recognizing the importance of policy details, and being aware of common pitfalls. By carefully comparing options and utilizing available resources, you can select a plan that best meets your healthcare needs and financial constraints.

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