Making a Medical Negligence Claim: A How-To

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The medical community has a series of safeguards in place intended to protect patients. From hospital visits to your local GP, your healthcare is a priority. That’s why the right training is essential, and why focus is put on aspects of healthcare such as hospital waiting times. Despite the safeguards, mistakes and accidents can still happen. In those cases, you will need to prove two different things. Firstly, you need to show that a breach of duty happened. This means that there was someone negligent. Secondly, you will need to show that you were caused harm by that negligence. Here is the process that you should expect if you are making a claim of medical negligence.

Contact a Solicitor

This should always be your first step. Find a solicitor that has experience with medical negligence cases. They will immediately ask the questions that will determine whether or not they will take on your case. You will be told their decision very quickly.

Medical Records

Once your case has been accepted by a solicitor, they will request a copy of your medical records. At this point, any costs will be paid for by the solicitor. They will often at this point, also make an appointment with an independent doctor. They will assess any evidence of negligence. Your injuries will be examined alongside your medical records. This is also when an assessment will be made on the level of impact that your injury has caused to your quality of life or any financial losses that have occurred.

Negotiation with Negligent Party

It is at this point that negotiations will start with the public body or individual doctor that you are claiming was negligent. Your solicitor will conduct those negotiations on your behalf. They will not accept a settlement amount without discussing it with you first. They will use the negotiations to get a total amount that will match your financial losses, any further medical costs, as well as compensation for the injury itself.

It can seem very overwhelming when you start to consider making a claim for medical negligence. That’s why it’s so vital that you get legal representation as quickly as possible. They will not only do the legal side of things for you. They will also advise you on the process and what you should expect at each stage of the proceedings.

Time Restrictions

In cases of medical negligence, you will have three years from the date that you were injured or fell sick to make your claim. This can vary if you did not realise that medical negligence happened, and in those cases, you will have three years from the date that you were made aware. This is another reason why seeking legal assistance is so important. If you fail to make your claim before those three years are up, then you can lose the ability to make your claim. However, there are exceptions to the time limit, so even if three years have already passed it is always worth contacting a legal professional in order to find out where you stand.

If you have suffered an injury or illness because someone in the medical community was negligent, the repercussions can be long-lasting. No matter what kind of suffering may have occurred, talk to an expert to find out your next steps. They will help you understand the process of your claim, and guide you through each stage.