Medical Negligence claims are distinct from Personal Injury claims. Medical negligence claims require the Claimant, to prove two separate things:
(1) That the healthcare professional failed to carry out their responsibilities, which was his fault – You may hear medical negligence solicitors talking about a ‘breach of duty.’ This refers to the type of treatment you received. The care expected from a reasonably skilled specialist fell below the standard.
(2) That this is what caused you to be in the position you are now in, i.e., of avoidable harm – This is also called ‘causation.’ It means that you want to show that the negligent care caused you harm. In this case, your medical negligence solicitor may recommend that you obtain a report from an independent medical expert to help prove these two issues.
Medical Negligence Time Restrictions
Usually, you are required to start a medical negligence compensation claim within three years of the date of your injury or the date when you first discovered that your injury was the result of medical negligence. It’s crucial to get the expert legal advice of specialist medical negligence solicitor as soon as possible after the medical negligence took place.
No Win, No FeeMedical Negligence Claims
Majority of Medical Negligence Claims are funded through a Conditional Fee Agreement by solicitors or law firms, more commonly known as a No Win, No Fee agreement.
BLD solicitors offer a free consultation to you understand whether you have a compensation claim or not. We also offer home and hospital visits exclusively for the people who are unable to come to our office. We pursue claims under Conditional Fee Agreements (CFA) and also with Legal Aid.
Preparing for a Medical Negligence Claim
Your Medical Negligence Solicitor wants to understand the impact that the negligence has had on your life, to make sure that compensation you receive will cover all your future requirements. Preparing for a medical negligence case can involve taking detailed statements, obtaining copies of your medical records, X-rays, and seeking expert opinion. All this will give your claim the best chance of success.
The Medical Negligence Claims Proces
When someone has been affected by below standard medical treatment, they always not only seek for compensation but many times they just need an apology. In many cases, they want justice so that no one else would suffer from the similar kind of loss.
To begin with your medical compensation claim, you are entitled to make a written complaint about treatment received either privately or on the NHS. Your medical negligence solicitor will suggest you on how to do this. If you wish to make a formal complaint, you need to do this within six months.