Medical planning

Clinical Negligence and Malpractice in Medical Planning

If a patient has suffered significant injury as a result of alleged medical negligence, he/she is entitled to claim compensation for any financial expenses arising out of the injury (special damages) and for the suffering, pain and loss caused (general damages).

While Braxton medical planning lawyers generally work with the health care specialist as a client in asset protection solutions and malpractice asset cases, in some cases we have been working for the claimant to avoid such solutions. For more information, see See Health Care clients >

In medical planning and malpractice issues, each claimant is different and the value of a claim will depend on the personal circumstances of the individual claimant prior to the alleged negligence and the particular way in which his or her life has been affected by the alleged malpractice or negligence. In addition to analysing the medical evidence, Braxton lawyers spend time getting to plan and to know the medical specialist to ensure we are in the best position to assess the impact of the alleged malpractice or negligence and to quantify the claim.

Special Damages in Medical Planning
Special damages are the specific expenses a claimant has incurred or will incur as a result of the alleged medical malpractice or negligence. All aspects of the claim have to be supported by evidence.

In our work in medical planning situations, if the claimant has suffered severe injuries it can be a complex exercise establishing exactly what the claimant will need in the future as a result of the malpractice’s negligence. Special damages commonly include cost of care and therapies required as a result of injury; the cost of alternative accommodation or transport required as a result of disability; cost of travel to and from medical appointments; loss of earnings; and the cost of surgery required as a result of the alleged negligence. But special damages can include any expense incurred as a result of alleged medical malpractice or negligence.

We work with other negligence specialists with particular expertise in conducting clinical malpractice or negligence claims. This will ensure that all potential aspects of the claim are identified and that the necessary expert evidence is obtained.

General Damages in medical planning
In assesing the medical plan of the general damages, their level varies enormously from case to case, depending on the severity and duration of the injury resulting from the alleged medical malpractice or negligence. Braxton works with other lawyers and othe specialists to determine an appropriate figure for general damages in a medical planning framework. This entails detailed analysis of the medical evidence, judicial guidelines and previous decisions of the court.

Fatal accidents in Medical Planning
Alleged medical negligence or malpractice can sometimes tragically result in loss of life and in these circumstances it is possible for the family and/or dependants of the deceased to pursue a alleged medical negligence claim. Braxton works to be sure there is a truly clinical negligence.

Medical Planning: How to Protect your property and other assets

One of the important issues in Medical planning is how to protect the home and other properties of medical professionals. Braxton practice covers several different strategies to protect the home,and evaluate their relative advantages and disadvantages in each case. The result is a record of achievement in providing solutions to medical specialist for asset protection and wealth preservation.