How a Solicitor Can Help in Medical Negligence Claims ?

Medical negligence can cause life changing injury and can even lead to death in the most serious cases.

If you or your family have suffered an injury that you believe was caused by medical negligence, then you can pursue a compensation claim. Filing a medical negligence claim may allow you hold the healthcare professional liable and receive compensation for the damages incurred. Unfortunately, this may not be so easy.

Medical Negligence and its Complications

If you decide to take legal action, there are many benefits to working with experienced and specialist medical claims solicitors like surgical error claims solicitors and hospital infection claims solicitors. A medical negligence claims solicitor will objectively assess your situation and advise you on your chances of a successful outcome, or whether your case is even strong enough.

This is particularly important because medical negligence cases are possibly the most complex personal injury cases. While personal injury lawyers regularly handle accident and injury cases, solicitors who do not routinely work on medical negligence cases will hardly be familiar with its several compulsory elements and challenges.

How a Medical Negligence Solicitor Can Help?

• They Understand the Claims Process- A solicitor with relevant legal experience in medical malpractice knows the ins and outs of the system and the effort required to make your case a success. The solicitor breaks your medical negligence claim into three phases: the story, the medical evidence and the lawsuit. Understanding your story means the solicitor can piece together what your life was like before and after the injury, and paint a detailed picture before the jury. The attorney also analyzes your medical records to establish whether there was negligent care. Lastly, the lawsuit allows the attorney process the facts of the case and gather relevant evidence and testimonies of all parties and witnesses involved. With all of this before your solicitor, it would be easy to determine the best possible outcome for your claim.

• Negotiating the Best Possible Outcome- The negotiation process is a vital part of a medical negligence claim, and requires a specific skillset to achieve the best possible result. It is important that you work with an attorney that is knowledgeable in medical malpractice as he/she will be able to negotiate the right figure for your compensation. Depending on the facts of your claim, you may be eligible for economic and non-economic compensation. Since the extent of damages cannot be fully measured due to its complexities, the solicitor may work with financial experts in order to assign an economic value to your claim. In the end, hiring the services of a medical negligence solicitor could spell the difference between walking away emptyhanded or a significant compensation.

• Resources- Behind a successful solicitor is a network of helpful network of connections that provide support for their efforts. From securing a medical expert who can help you through the recovery process to consulting with industry leading experts, every individual involved plays a crucial role to the success of a claim. A solicitor’s access to these resources means they are indispensable if you want to achieve the best possible outcome.

• Cost Effective Value- Your medical negligence claim will likely require hiring expert witnesses, paying for important documents, and several hours of legal work. These things do not come cheap and, depending on your case, could run into tens or even hundreds of thousands of pounds. The right solicitor will likely take on your case without asking for any upfront fee. This means they will only get paid if your claim is successful, and you receive your settlement. This can significantly reduce the stress associated with taking legal action.

• Establishing a Balance of Probability- Some claims have involved victims who were either injured or ill already; this can raise doubts over whether the breach in care was the actual cause of harm. Your medical negligence solicitor will help establish the balance of probability. This means that they will be able to demonstrate that the substandard care you received from the medical team directly caused the illness or injury.

The illness or injury you have suffered may have affected your earning capacity, may have caused you mental health issues or even requires additional medical bills. With a solicitor in your team, you have a great chance of getting the settlement you deserve.

Medical negligence includes a wide range of injuries resulting from misdiagnosis or negligent medical care. If you have been affected by substandard care, hiring the services of a solicitor can help you go through the otherwise complex process of making a claim. 

A significant compensation is the least you deserve if you have suffered as a result of a breach in care from a trusted healthcare professional. With the right solicitor on your team, you have the best chance of success.

Medical Negligence Claims in the UK

If you have little or no legal knowledge, pursuing a medical negligence claim can seem like a huge challenge. But it is actually easier than you think; with the right support and advice, you can make the best decisions for your future and receive the compensation you deserve.

For your medical negligence claim to succeed, you are expected to show that the treatment you received was substandard, and has directly caused injury or worsened an existing condition. 

If you have suffered an injury as a result of negligent care by a medical professional in the UK, this article discusses all you need to know about medical negligence claims.

1. Preparing a Medical Negligence Claim - To ensure you receive the compensation that covers all the damages suffered as well as your future needs, you need to hire a medical negligence solicitor. In preparing your claim, medical negligence solicitors will want to fully understand the impact that the negligent care has had on your life, and this can involve obtaining relevant medical records and seeking the opinion of experts. Ensuring a thorough job is done may take some time, but this will increase your chances of success.
2. The Claims Process - Truth is, not every individual affected by substandard medical care is interested in receiving a compensation. In some cases, they may just want a simple apology; sometimes they just want justice to be done, or assurances that no one else suffers the same negligent care. Pursuing compensation claim for medical negligence will only provide you with financial compensation. However, if you wish to explore other options, your medical negligence solicitor will walk you through the process. Regardless of whether you decide to pursue a compensation claim, you are entitled to file a written complaint about the substandard care you received either from the NHS or privately. Yes, you can hold any medical practitioner accountable if you can prove that the treatment provided was below the minimum competence standards. Also take not that there is a six-month window for those who wish to file formal complaints, so it is best you avoid delay.
3. Finding a Solicitor - It is important that you work with an experienced and knowledgeable medical negligence solicitor - one who is a specialist in the field of medical negligence you are making a claim. Through the eye of their experience, they will tell you whether they think you have a case for pursuing a medical negligence claim. If you do, you will be made aware of your legal options every step of the way.
4. Funding the Claims Process - Before now, patients who suffered negligent care by medical professional had the right to legal aid to fund their claims. Since April 2013, however, legal aid funding is now limited to a small number of medical negligence cases. To fund medical negligence claims, you may enter into a conditional fee agreement (commonly called "No Win, No Fee"). This is an arrangement between you and your medical negligence solicitor which means that you will not have to pay any legal fees if your compensation claim is unsuccessful. Sometimes claimants prefer to fund their medical negligence claims privately, though this is quite unusual.
5. Medical Witnesses - The professional opinion of a medical witness is required in most claim cases as this will help to establish medical negligence, the link between the substandard care and the damage, as well as the long-term impact for the individual pursuing the claim. This is why it is important that you work with a trustworthy and experienced solicitor who can walk you through the various hurdles and help you make the right decisions.
6. You Probably Won't Go to Court -  Only a few cases go as far as a full trial. In most claim cases, the defense offers a commensurate financial settlement to ensure the case is settled out of court. However, you must be prepared for the possibility of a trial, and this largely depends on the facts of your claim.

Pursuing a medical negligence claim can be a daunting task. However, with the right support and proof of negligent care, you can have a great chance of success. Ensure you choose a medical negligence solicitor who is experienced and knowledgeable about your case.