Making A Claim For Medical Negligence

A medical negligence claim or a clinical negligence claim is when a patient demands compensation from their medical practitioner or the hospital due to an act of negligence incurred during medical care. The claimant needs to prove that the care they received was substandard that damaged their health, which would not have occurred otherwise.

Here are the essential details that you must know before going forth with your medical negligence claim.

1. Grounds For A Medical Negligence Claim

It is often difficult in the early stages to determine whether the medical professionals were negligent or not in their care that caused you to suffer. The first thing that you need to do is connect with an esteemed law firm. They will take a complete account from you of all the details, and on that basis, you will be advised whether or not your claim holds value as medical negligence.

2. Time Limitations

A claim has to be submitted within three years of the patient becoming aware of the problem.  However, there are certain times when a medical negligence claim could have a few exceptions. For instance, if the patient is under legal age or lacks maturity. In these exceptional cases, time might not be an issue.

3. Get The Funding

If your treatment and other evidence, such as medical reports, prove that you have indeed suffered due to medical negligence, you are eligible to make a claim. The first step is getting your funding. The best idea is to go with a no win, no fee arrangement. This way, you will not be accountable to pay your lawyers even if they fail to get you the compensation. In some cases, you might even be eligible to obtain legal aid.

4. Access The Medical Records

Once the matter of funding has been settled, then your medical records will be accessed. Your solicitors will review all the records to identify all the mistakes and shortcomings of the medical provider. For a personal injury claim, a medical report is essential to understand the severity of the injuries. These reports help determine the value of the compensation and then make a claim accordingly.

5. Gathering The Evidence

In order to support your case, there needs to be sufficient evidence. To back up the case, the lawyers will take a detailed statement from you and other witnesses, if applicable. You will also be required to undergo a medical examination by an independent medical expert to assess all your injuries.

Depending on the injury’s nature, there may be a requirement of more than one expert medical opinion to review your records.

6. Establishing The Liability

Once there is substantial evidence to back the claim, the lawyers will contact the responsible party. Your lawyers will get connected with their legal representatives. At this stage, the aim of your lawyer should be to establish liability, that is, get them to admit their fault. Once they have accepted, the lawyers will apply for interim payments.

7. Interim Payments

Interim payments are essential to take care of all the expenses that are to occur before the settlement money is received. This payment helps fund several things such as loss of income, assistance in daily living, treatment, rehabilitation, aids, and equipment.

8. Proceeding The Settlement

Once your solicitors make a compensation claim, the other party will put forward the amount they are willing to pay. Your lawyer will assess the whole situation, and based on that, determine the amount of compensation you deserve. The aim is to reach an agreement and avoid taking the matter to court.

9. Negotiations

Both parties will negotiate and try to meet on mutual grounds. In the majority of the cases, both the defendant and the plaintiff reach a mutual agreement. As long as the guilty party knows that you will not give in under pressure and your lawyers will utilise all means to get you fair compensation, they will likely agree to your desired amount. Neither party wants the case to go to court. Therefore, negotiating together and reaching common ground is the most desirable outcome. Your success rate is determined by the efficiency of your lawyers and the amount of evidence backing your claim.