How to Make a Medical Negligence Claim? Medical Negligence Direct

Making a Medical Negligence Claim can feel like a complex and daunting project, but with the right knowledge and support, the process can be quite straightforward and hassle-free. If you believe you have suffered damage as a result of the negligent behavior of a healthcare professional, you may be entitled to claim for compensation.

This article is designed to help you understand what it takes to make a medical negligence claim, and how medical negligence solicitors can walk you through the process to give you the best chance of a favorable outcome.

STEPS TO MAKING A MEDICAL NEGLIGENCE CLAIM

• Contact a Medical Negligence Solicitor

Medical law is arguably one of the most complicated aspects of law as it largely relies on unbiased medical expert reports which solicitors cannot control. The first step to making a medical negligence claim is to contact a solicitor. The solicitor will request for all relevant records and documents for your case, and determine if it is strong enough to make a claim. This step is important as it takes the worry and stress associated with handling such cases. Medical negligence solicitors are used to these cases and will prepare your claim for the proceedings that follow.

• Letter of Notification

In NHS medical negligence claims, a letter of notification will be sent to the NHS Trust as soon as medical negligence is established by your solicitor. This letter is aimed at giving the defendant a ‘heads-up’ that you intend pursuing a claim, and gives them an opportunity to seek early resolution.

• Submitting Your Claim

Following the notification submitted to the NHS Trust, your solicitor will submit a letter of claim which sets the facts right in clear details, including the precise errors in the alleged breach of duty. The letter will also include facts about how the injury has affected you or your loved one’s health, and the level of compensation you seek.

• The Defendant’s Response

Once your claim is sent to the defendant, they must respond within 4 months. The response will either be to admit responsibility and offer compensation or deny negligence. Depending on the defendant’s response, your solicitor will advise you on what the next course of action should be.

• Trial in Court

If the defendant’s response is not satisfactory, your medical negligence solicitor can initiate court proceedings. A ‘Particulars of Claim’ will be drafted and submitted to the relevant local court, and the defendant will have to respond within 28 days. The court will notify both parties involved of a court hearing date, which will usually be around 18 months from the date of the defendant’s response to the proceedings.

However, most claims that reach this stage are usually settled out of court before the eventual trial.

• Pre-trial Settlement

As you await the trial in court, your solicitor will negotiate on your behalf to agree on a settlement fee. An agreement is usually reached at this stage, and if this happens in your case, there will be no more need for a court trial.

• Court Hearing

If an agreement cannot be reached before the trial date, the hearing will go on as scheduled. With a specialist medical negligence solicitor behind you, you can still rest assured of a chance of success. Your solicitor will use the medical negligence claim calculator to determine how much your claim could be worth, and this figure will be used both during the negotiation process and court proceedings to get you the compensation you deserve.

Funding a Medical Negligence Claim

There are different funding options for medical negligence claims in the UK. These include using legal expenses insurance, legal aid, and the medical negligence no-win no fee agreement. The no-win no-fee agreement is the most common option as you wouldn’t have to pay any legal fees at the beginning of the claim. This agreement requires that you only contribute towards the expenses if your claim is successful.

Most Common Types of Medical Negligence Claims - Medical Negligence Direct

Given the complex nature of medical practice, it is little wonder even seemingly small errors can have life-changing or even life-ending impact on the victims of negligence. In many cases, medical negligence victims are forced to deal with the physical and emotional consequences of a doctor’s mistake.

Despite the life-altering effects of negligence, some victims do not pursue medical negligence claims. Many patients are simply unsure if the injury or illness they suffered occurred as a result of medical negligence. Some mistakenly assume that errors are sometimes inevitable in the hospital, so no one is responsible for any resulting injuries or illnesses. This is why knowledge of the most common types of negligence can help you determine if you have a case.

DIFFERENT TYPES OF MEDICAL NEGLIGENCE CLAIMS

• Misdiagnosis–

Diagnosis is the first step after a patient is admitted to a medical establishment, and correctly diagnosing what is wrong is crucial to treating a medical condition. Sadly, some doctors make hurried conclusions because of a patient’s age or weight, even when these factors do not directly impact the patient’s current condition. If a doctor fails to recognize symptoms, makes assumptions or diagnoses incorrectly, misdiagnosis claims solicitors can help you file claim for compensation. 

Note: A doctor’s evaluation and recommendation may only qualify as misdiagnosis if he/she fails to do what other doctors would have done in a similar medical situation, causing the patient harm as a result.

• Delayed Diagnosis-

Delayed diagnosis is similar to misdiagnosis. In this situation, the doctor may have made an inaccurate diagnosis at the onset before the patient eventually receives the correct diagnosis. Medical claims solicitors can help you pursue a claim for compensation in this case if it is determined that other doctors would have accurately diagnosed the same ailment in a timely manner. For instance, the doctor may have failed to recommend a test that would have led to the right diagnosis.

The delay in providing correct diagnosis can worsen a patient’s condition, and have life-changing consequences.

• Birth Obstetric Claims–

Birth injuries are one of the most painful types of medical negligence. Expecting parents wear joy on their faces; they invest lots of time and effort making plans for the baby’s nursery and what it will grow up to be. Every possible detail is planned. However, it is impossible for them to plan for the consequences of a birth injury caused by the negligence of a healthcare provider.

Many factors can cause birth injury. The obstetrician may have provided inadequate prenatal care, even if the mother received treatment afterwards for her health and that of her unborn baby. There could also be negligence during childbirth, leading to injuries to the baby or its mother. If those injuries could have been prevented, it is likely that medical negligence has occurred. In this case, you can pursue birth obstetric claims to seek compensation.

• Appendix Negligence Claim–

Statistics confirm that appendicitis is a relatively common condition that will affect six in hundred persons in the UK. Reports in the UK also show that appendicitis is the most frequent cause of emergency admissions in medical establishments for abdominal surgery. If left untreated, the inflamed appendix will rupture and spread infection into the abdominal cavity. Unfortunately, this condition is not always correctly diagnosed. While diagnosing the condition may be difficult in some cases since it is at a very early stage, there are often cases where healthcare professionals fail to identify the condition despite clinical examinations and the patient’s history strongly indicating the presence of appendicitis.

In this case, delayed diagnosis may cause the appendix to perforate, leading to more extensive surgical process that would have otherwise been carried out. If you have suffered an injury as a result of failure on the part of a doctor to provide adequate advice and correct treatment options, you may be able to pursue a medical negligence appendix claim.

FINAL THOUGHTS –

Keep in mind that the list above is not comprehensive. However, medical negligence maintains a consistent theme: a healthcare provider fails to provide the expected level of care to his or her patients. Medical negligence takes place if the care provided falls short of accepted medical standards of care, and the healthcare provider may be held liable if this negligence causes injury or illness to a patient.

The Medical Negligence Claim process in the UK - Medical Negligence Direct

Most patients are treated to safe and effective care by medical professionals in the UK. However, things could go wrong, and this can be devastating for all involved. When a doctor breaches his care of duty to you as a patient and you have suffered an injury or illness as a result, you may be able to pursue a medical negligence claim. Whether you have any prior legal experience or not, medical claims solicitors can help you pursue a claim and secure the compensation you deserve. But what is involved in a medical negligence claim process? What are the requirements your case must meet in order to succeed? What are you looking to achieve with a medical negligence claim? Knowledge of the medical negligence claim process in the UK can increase your chances of making a successful claim. 1. First Contact with Medical Negligence Solicitors Your case will start with contacting with medical claims solicitors who will determine whether you could start a claim. Your solicitors will achieve by trying to find out as much detail as possible about your case so they can decide whether additional research will be needed or an expert’s opinion will be required. Once the facts of your case are established, your solicitor will send some sign-up documents to you which are required to access your medical records. These documents include forms of authority, details or insurance and a medical negligence no-win, no-fee UK agreement. Requesting your medical record is the first step in determining the strength of your case. If you have visited more than one hospital, your solicitor will write to each one in order to access all your medical documents. This will help them paint a clear picture of your health; once the medical records are available, your medical negligence solicitor will prepare a ‘chronology’, which is basically your story – before and after the negligent care you suffered. 2. Obtaining Medical Evidence is Not Always Crucial Once your medical records are retrieved and expert opinions received, your solicitor will draft a “Letter of Claim” on your behalf. This letter will include allegations of medical negligence, injuries you have sustained as a result, and any resulting illnesses. However, a Letter of Claim can still be drafted without obtaining your medical record if a doctor has been negligent in carrying out his duty of care. For instance, if a doctor has left a tool or an object inside you after a surgical procedure or a hospital has conducted investigations and concluded that medical negligence has taken place. 3. Obtaining a Second Medical Report The next step is to obtain another medical report that addresses the illnesses or injuries you have suffered. With the help of the medical expert, the likely course of the medical condition (prognosis) will be established. This report will also include a detailed description of the type of care you need in the short and long term, and if any special aids will be needed. Before your solicitor puts this report together, you will need to go for a medical examination. In the end, they will provide an estimated compensation value for your claim, based on the court’s guidelines and outcome of similar cases in the past. 4. How Long Will the Claim Process Take? The investigation required to start a medical negligence claim process can take a while, depending on a few factors. Some of these factors include the complexity of your case, the number of medical experts involved, and the way and manner the health authority and its lawyers conduct themselves. Some complex cases can take two years or more, especially when several busy experts have to report. However, most cases get to court within 12-15 months of the initial steps in the claim process; some may be filed sooner, others later. 5. Will I Have to Go to Trial? Only few cases actually go as far as the courts. In most cases, the defendants wish to avoid trial when medical experts establish negligent care on the part of the healthcare providers involved. So, your medical claims solicitor will negotiate a settlement for you if the defendant/s accept liability. However, if they refuse to admit negligence, your solicitor will issue court proceedings against them. 6. How Much Compensation Can I Claim For? It is near impossible for medical claims solicitors to provide an exact figure for your compensation as every case is unique. A medical negligence calculator can be used to estimate your compensation value, but this only provides a rough guide and should not be taken as fact. Final Thoughts A medical negligence claim process can seem daunting at first. But you, like every patient, are entitled to standard medical care, as well as justice for what you have suffered if things go wrong. Whether you have suffered an illness due to misdiagnosis and are in need of specialist misdiagnosis claims solicitors or you have suffered an eye injury due to negligent care, knowledge of the claims process in the UK can boost your chances of success and ensure you receive the compensation you deserve.