What if an Injury Does not Qualify for Medical Negligence Claims?

There is a chance that an injury sustained by a patient does not qualify for any medical negligence claims. If it does not fit the requirements of liability and causation, which is basically another term for responsibility and grounds, then a solicitor may recommend not filing for a claim.

However, that does not mean that a victim has no recourse at all. The beauty of talking to a solicitor is that there may be another way. In fact, as a person familiar with the various laws in the United Kingdom, he may find other areas where the other party may be found guilty in.

One example is that a certain action may not qualify for a negligence claim under Tort Law but can fall under Criminal Law. This happens if the solicitor sees that the action taken by health care provider, which resulted in a death, was not due to a negligent action but pre-meditated one.

As a pre-meditated action, this means that the health care provider either planned or conspired to murder someone, making this a criminal offense. And as a criminal offense, the police may be called in to enforce the law. This means that the penalty of incarceration may be implemented and may range from a few years to a lifetime. The guilty party may also have to pay damages in addition to being jailed.