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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

9 Simple Steps to Dealing with a Broken Tooth

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Credit: freepik via Freepik

It’s movie night, and you have an obligatory bowlful of popcorn balancing on your lap. You toss a handful of popcorn and — crack — you unknowingly bite down on a kernel with the full power of your jaw. 

Lightning strikes your mouth as you realize this humble kernel broke your tooth. 

Now what? 

Besides pausing the movie and spitting out your mouthful of popcorn and tooth, you might not know your next steps. 

What should you do, and how can you pay for it? Find the answers to these questions and more below:

1. Save the Pieces 

If possible, save any broken pieces of the tooth. Your dentist might need these pieces.

2. Rinse Your Mouth 

Gently rinse your mouth with warm water to clean the area. Avoid using hot or cold water, as it might aggravate any exposed nerves. 

3. Control Bleeding 

If you bleed, apply gentle pressure to the area with a clean cloth or gauze. You can also use a cold compress on your jaw or cheek to reduce swelling.

4. Contact Your Dentist

Reach out to your dentist immediately. Explain the situation and try to schedule an emergency appointment. Many dentists reserve slots for urgent cases. If they don’t have a spot available, look at specialty emergency clinics in your area.

5. Get Over-the-Counter Pain Relief

Broken and chipped teeth can hurt, so take some over-the-counter pain relievers to help manage this pain until you can see your dentist. 

6. Check Insurance Coverage

Review your dental insurance policy to understand coverage details. Some policies may cover emergency procedures, while others may have limitations.

7. Discuss Payment Options

If cost is a concern, discuss financing options with your dentist. Some dental offices offer flexible arrangements that give you a break. If you qualify for these plans, you might be able to push out your due date to coincide with your payday. You may even be able to break up your total outstanding amount over several payments. 

8. Take out a Personal Loan

If you’re just shy of what you need to cover your emergency dental expense, consider going online to scope out personal loans. A personal loan may fill in for savings in urgent situations. You can quickly visit a website like MoneyKey to see what you need to apply. If approved, a personal loan gives you the means to pay for your visit upfront and pay off what you owe over time. 

9. Consider Urgent Care Clinics

If your financial situation is such that you can’t afford a personal loan’s payments, reconsider your choice of dentist. Some dental practices apply a sliding scale to their services so that they can provide immediate care at a lower cost for at-risk individuals. 

Next Steps: Thinking About the Future

So, you’ve managed to repair your tooth and pay the bill, too. What’s next? Make sure you hit these three goals soon. They can help you prevent another broken tooth in the future!

  1. Stay on Top of Dental Hygiene: Brush at least twice a day and floss once a day — these simple habits can protect your teeth over time. 
  2. Schedule Regular Checkups: Keeping up with regular cleanings can also help you prevent future dental emergencies. 
  3. Build an Emergency Fund: Sometimes, accidents happen. Consider building an emergency fund specifically for unexpected dental emergencies.
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