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.
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