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Medical Negligence Claims: 5 Things to Know

LenaH December 21, 2020

There are a few things you need to know in case you ever experience medical negligence. Before we get into valuable information about the process of making a claim, let’s discuss what medical negligence is.

What is medical negligence?

Medical negligence refers to a situation in which a patient gets hurt or injured due to the lack of a professional car delivered by a medical professional. When this occurs, a patient may end up with a new illness or injury due to substandard care or may end up with their already existing illness or injury getting worse than before. Some of the examples of medical negligence are injuries caused during birth, surgical errors, being mistreated in a care home, getting laser eye surgery complications, and so on.

1. You will need to prove that medical negligence occurred

The first thing you need to do, if medical negligence happens to you, is to prove that it did in fact occur. If you want to have a strong case, you need to build it on solid evidence. For that reason, it is important that your claim can be proven and that it can be proven that the injury you suffer was indeed a result of medical negligence.  Here are some of the documents that can help you back up your claim:

  • Photographs
  • Detailed statements from the claimant
  • Medical records as well as X-rays and ultrasounds
  • Witness statements 
  • Financial evidence
  • Reports from medical experts 

In order to collect the documents needed for your claim, you can hire a reliable negligence solicitor to help you out in the process.

2. A legal advisor can guide you through the medical negligence claim process

Hiring a professional legal advisor is one of the best things you can do to build a strong case. They can help you understand whether you have solid proof of negligence and make sure that you make the right claim. Once you make a claim, your case is then reviewed by a medical expert who goes on to estimate the requirements of your treatment. 

Reaching out to reliable personal injury lawyers who can help you throughout the whole process is also desirable. They will help you understand the legal process and make sure you don’t make any mistakes while making a claim. Since they specialise in this kind of legal action they will be able to guide you through the process and inform you of your legal rights as well as obligations so that you don’t miss anything. 

3. You can make a claim against the NHS and private practices

Most people think that claims for medical negligence can only be made against NHS doctors. However, this is just a common misconception and is not in fact true. Any health practitioner who has provided you with substandard health care and thus caused an injury or illness can and should be held accountable for their actions. A claim can be made against private doctors, cosmetic surgeons, dentists, care homes, or any other health care professional who has failed to deliver adequate care to their patients. As long as you have solid proof you have every right to make a claim against them. 

4. The completion of your medical negligence claim can last about 12-36 months

The time it takes you to complete the claim can vary, since no two claims are the same. However, on average, you can expect this process to last from 12 to 36 months. The length of this process greatly depends on the complexity of your case as well as many other factors such as the cooperation of the defendant and the injury you have undergone. Your claim can be processed fairly quickly if the other side cooperates and admits their mistake, but if they don’t, then the process can take a long time. 

5. You don’t have to go to court

Lastly, you don’t have to go to court to settle this kind of dispute. Most medical negligence cases can be dealt with outside of court and in most cases, claimants offer financial settlement pretty quickly. However, if your case is more complex, then ask a lawyer to prepare you just in case you end up having to go to court.

Conclusion

In conclusion, the medical negligence claim process is not that complex. In most cases, you won’t even have to go to court. However, being aware of your rights, collecting valuable evidence, and having professional lawyers by your side is always advisable.

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