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.