12 Things To Know About Medical Negligence
Added: (Tue Jun 11 2019)
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What is Medical Negligence?
By definition, medical negligence is the misconduct and negligence of medical experts either in the private sector or NHS. The medical negligence might occur through a preventable issue, misdiagnosis, excessive dosage, medical malpractice, medical accident, or lack of knowledge related to medical practices. Some of the commonly observed negligence includes surgical procedures and misdiagnosis of various diseases such as cancer.
Medical Negligence Claims
In order to pursue clinical negligence claims for compensation, it is important to consider expert medical negligence solicitors. It is a daunting task for people with limited information regarding medical negligence laws. Here are 12 things you need to know in order to make a medical negligence claim through your medical negligence solicitor:
1. Legal term
In case of any act of negligence during medical treatment, patients have the legal right to sue their medical practitioner or hospital through a medical negligence claim. In order to obtain compensation for medical negligence, the claims should prove an unacceptable standard of care that leads to an injury, disease, and death in certain cases.
2. Considering the right medical negligence solicitor
A specialist medical negligence solicitor can help you to fight your medical negligence case properly through their experience and knowledge. Our expert solicitors will tell you your legal options and can help you to understand the whole process. Using a specialist medical negligence solicitor may increase the likelihood of your chances of winning the case.
3. No win no fee agreements
If you are planning to file a compensation claim for the medical negligence, you might want to use the benefit of "No Win No Fee Agreement. Our solicitors can offer to work on No Win No Fee basis, meaning there is no up-front cost to you. You can find further information on No Win No Fee Agreements here.
4. Time limit
Considering the complexity of medical negligence, it is important to file a claim within three years of the date of the negligence or 3 years from when you become aware of the medical negligence. There is an exception in certain cases such as mental incapacity, and in the case of patients under the age of eighteen, who have 3 years to claim from the date they turn 18 years old.
It is vitally important that you seek advice regarding your potential claim as soon as possible, as you cannot bring forward a claim if the time limitation has passed.
5. Compensation amount
Each medical negligence case is unique and the amount of compensation awarded depends on a number of factors. Certain factors are considered in order to decide the amount which includes:
• The nature of your medical negligence. In certain cases, it can be life-threatening or cause serious injury.
• The severity, trauma, and pain that is caused due to the negligence.
• The time of recovery from the negligence.
• The impact on your overall health.
• Loss of earnings you may have suffered
• Any care of specialist equipment you may need due to the injury
You are entitled to two types of compensation in case of medical negligence that is general and special. The general damage includes the compensation of the suffering and pain due to the misdiagnosis. In special damage, you can attain the compensation of all the expenses that occur due to the misdiagnosis including the cost of personal care, transportation, medications, tests, and doctor's fees.
6. You probably won’t go to court
The majority of the medical negligence cases are settled before the occurrence of a full trial at court. Generally, medical negligence claims are settled without the need to go to court with the use of an “out of court settlement”. However, some medical negligence claims will proceed to trial and you may need to attend to give evidence, but this is generally very rare.
7. Who can you claim against for medical negligence?
Any health practitioner, GP surgery, or hospital can be sued and held accountable for the negligence and misconduct. This includes dentists, cosmetic surgeons, eye specialists, and private clinics. In the case of NHS hospital, the NHS trust will be held accountable. If you have suffered sub-standard care from any of these health professionals then you may be able to make a claim for medical negligence.
8. What evidence is needed?
Generally, your medical negligence solicitor will obtain a copy of your medical records and review the treatment that has been provided. It is important to maintain your medical records. Especially, when you are about to claim a medical negligence case, the requirement of physical evidence is crucial to support your stance. The records might include prescriptions, doctor's opinion, notes, and other medical files. All this evidence will help the court in understanding the severity of your case along with the compensation.
9. The requirement of medical experts
In medical negligence cases, it is common for your solicitor to obtain the opinion of an independent medical expert. The expert will often specialise in the area of practice that your medical negligence injury relates to.
The medical expert will give their opinion on your case and will comment on the level of care provided. They will often comment on whether the medical professional who treated you has breached their duty of care to you and whether this breach of duty caused your injury. Your solicitor will manage this all for you.
10. Types of Medical negligence
Medical negligence refers to a range of incidents and injuries. However, what all medical negligence claims have in common is that the standard of medical care provided has fallen below an acceptable level and this has led to an injury. Our solicitors specialise in all aspects of medical negligence and commonly deal with matters of medical negligence relating to:
- Cancer Misdiagnosis Compensation Claims
- Surgical Error Claims
- NHS Negligence Claims
- Cosmetic Surgery Negligence Claims
- Misdiagnosis Claims
- Birthing & Obstetric Claims
11. Time required for trial
In the majority of the cases, the process leading to the trail can take eighteen months to three years. The duration is dependent on the type of claim, the severity of the situation, condition of the patient, defendants approach, and position.
12. How to file a medical negligence claim
In order to attain the right amount of compensation and future safety, you should seek the advice of a specialist medical negligence solicitor. They will be able to guide you through the process. Contact us today for a Free No Obligation Assessment of your Medical Negligence Case.
Get A Free Claim Assessment
If you or a loved one has ever suffered from medical negligence of any sort, you should seek legal advice as soon as possible. In case of suffering from preventable issues and excessive pain due to the negligence of your practitioner, our team can help you claim the compensation you deserve and act for victims of medical negligence
Our panel of medical negligence solicitors are just a call away. Call now at 0800 644 4240 to speak to a specialist solicitor today.