[dropcap]I[/dropcap]f you feel the treatment or surgery you have received has not been to an acceptable standard, you may be interested in pursuing a medical negligence claim. Here are the steps you will need to take to help understand and process a successful medical negligence claim.
Understanding the Basics
Before you can begin your medical negligence claim, it is essential that you have done prior research, so you understand what a claim entails and the factors that need to be considered. Medical negligence occurs when a duty of care has not been carried out appropriately. This can include a wrong diagnosis, incorrect medication, and treatment, as well as unsatisfactory behaviour and professionalism from your healthcare provider. Whilst these are just a few reasons, there are many more, so it is important that you do your research to help identify whether you have a valid reason to claim.
Who to Claim Against
Whether you have had treatment or surgery in an NHS hospital or gone down the private route, you are eligible to make a medical negligence claim. Medical malpractice can happen in any establishment, which means you can claim against a wide selection of healthcare providers. This includes nurses, dentists, GPs, and doctors.
You are also able to claim against the hospital you received treatment in. Reasons for claiming against a hospital can include failure of care by a doctor, prolonged and unnecessary time spent in the hospital, as well as any travel and accommodation costs that could have been avoided. Also, make sure you begin your claim as soon as possible as there is a three-year time limit, with no exceptions given after the threshold. Having a good knowledge of medical negligence claims UK will be vital in you going forward with your case.
Getting the Best Help
Being in the hands of those who specialise in medical negligence is essential for you to get the best help and advice possible. Having the best medical negligence solicitors on your side will help you enormously in your claim and give you the best quality help in winning your case. There are many medical negligence lawyers around. One example can be seen with The Medical Negligence Experts, a reputable company who provide free advice and guidance, as well as no win no fee services, to help with your case. Having a good relationship with your medical negligence solicitor will enable you to feel confident with your claim and to ask any questions you may have.
Strength of Your Claim
The strength of your claim will determine the overall outcome of your case and whether you will receive compensation. When you first meet with your solicitor, you will be advised to provide relevant information and evidence that can help support your claim and give you the best possible chance of succeeding. It is important that you keep a record of all the interactions you have had regarding your treatment as well as times and dates, names of professionals and any other materials you may deem necessary to help fight your cause.
Having a strong case will give you the upper hand when your claim is being assessed, so it is vital you provide as much information as you can to secure the outcome you want. Your solicitor will need to cover your evidence extensively, so they are able to piece your case together and give you advice on whether your claim will be successful or not. Your solicitor will also be able to advise you on the legal and financial aspects of your claim. It is important you ask as many questions as possible to your solicitor to help you understand every part of your claim.
Compensation Procedure
Once you have all your evidence assessed (and depending on whether you win your case), you could be awarded compensation. Compensation is usually split into two categories, with the first of these being general damages. General damages are awarded to those who have suffered or are continuing to suffer from their treatment. These patients may be experiencing pain that is preventing them from being able to perform daily tasks.
They also may require further treatment and operations, which can mean time off work and loss of earnings, all of which are considered when deciding on whether general damages are the right option for them. However, general damages are harder to award due to the inability of being able to measure the amount of pain one is in. Special damages, on the other hand, are much easier to regulate.
There are more factors to consider when making a medical negligence claim, so it is recommended to look online at websites that can give you a better view on what the process entails and how you can structure and deliver a good case to improve your chances of winning and receiving the highest level of compensation.
