How do I know if I have a case for medical negligence?

Are you unsure if you have a valid claim for negligence? Do you need assistance in verifying the truth of your claim? Were you truly a victim of wrongful treatment? Before you reach out to a negligence lawyer to take legal action against a healthcare provider, you may want to be certain that you have been a victim of medical negligence. 

It is also important that you’re aware that not all medical malpractice cases are enough to warrant a claim. You must have suffered an injury or complication as a result of the injury for you to make a claim.

Here are some signs that may indicate potential negligent medical care, providing validation for your concerns;

1. You Suffered Avoidable Injuries Or Complications Following Your Treatment: You expect to feel better after receiving treatment but this is not always the case. The mistakes of your GP, nurse, surgeon or other healthcare professional can cause you to suffer harm, trauma or complications which may need longer time to recover from or which may lead to lifelong disabilities.

Therefore, if you or your loved one has suffered unnecessary physical or psychological damages following your treatment, you may have a medical negligence case.

2. You Suffered From Surgical Mistakes: This is obviously a case of medical malpractice. There are different forms of surgical injuries you may suffer which could lead you to make a compensation claim. Some are surgical errors which should not even happen and are known as “Never Events.” 

Examples include- surgery on the wrong body site, wrong surgery, retained instruments or contracting an infection following a surgery.

If this is the case with you or your loved one, you may have a clinical negligence claim. Reach out to us for advice and legal help.

3. Your Consent Wasn’t Sought: Before undergoing any medical procedure including surgeries, your doctor has to explain what the procedure entails. This includes any risks, benefits or potential complications as well as chances of success of the procedure. This is so that you know exactly what you are facing and if you want to go through with the whole process of not.

Lack of informed consent here refers to ;

• Your doctor performing a procedure on you which you did not agree to.
• Your doctor failing to give you the full details of the treatment plan or procedure and had they done that, you would have refused or made another choice.

However, you would only be able to make a claim in such a case if you suffered harm.

4. You Are Not Getting Better Even With Your Treatment: While on treatment, ideally you should be showing signs of improvement. But if the treatment prescribed is not helping you get better, there could be a chance that you have been misdiagnosed and therefore receiving the wrong treatment for your ailment.

This is really a serious case as you could either become sicker and may never make a complete recovery. When the right treatment is delayed, it increases the recovery time and may even need a more serious procedure to treat due to the complications that may have happened before the misdiagnosis was identified.

5. A Medical Staff Admitted To Being At Fault: While this can be quite a rare occurrence, a member of the medical staff that attended to you may open up on being at fault or negligent in his or her duty to care for you resulting in the injury you or your loved one suffered. This is most likely a case of medical negligence.

Other scenarios that could tell you if you have a case of medical negligence include-

• If you develop new symptoms while on treatment
• Your doctor isn’t addressing your concerns
• Delays in commencing treatment or referring you to a specialist for expert care, etc.

Contact Us for Legal Assistance Today 

Every patient is owed a duty of care by his or her doctor or other healthcare professional under whose care he is. Should you or your loved one experience substandard care, negligent treatment, you may have a case for medical negligence.

All you have to do is to contact us via our helplines, request a callback or fill out our free online forms to reach out to us. We have a free chat session where we will discuss your claims and if we are convinced that you have a valid claim, we put you through to our partnered medical negligence solicitors who will handle your potential claim. 

As determined by them, your case may be handled under a no win no fee policy, which ensures that you can make your claims without having to bother about paying upfront legal fees.

Contact us 0800 644 4240 as soon as you can as you have a limited time to make your claims.

Best Misdiagnosis Claims Solicitors in Liverpool

When we are ill, we put faith in the knowledge and experience of our medical practitioners and trust that they will give us the best possible care. Unfortunately, this is not always the case and many patients have had their trust misplaced due to medical misdiagnosis.

With conditions such as cancer, heart attacks or meningitis, correct diagnosis and treatment is crucial to giving the patient a chance. Sadly, these are some of the commonly misdiagnosed conditions, as their symptoms can sometimes be hard to determine; but if you believe your diagnosis (or lack of) was due to negligence on the part of your healthcare professional, you may be entitled to a medical negligence claim. Whether your condition has been misdiagnosed, delayed or missed altogether, its impact can leave you wondering where to seek help.

Medical Negligence Direct has a strong track record when it comes to medical negligence claims and have helped many victims of misdiagnosis to seek justice and secure the compensation they deserve. A free, no obligation initial consultation with one of our friendly solicitors will quickly establish whether you have a valid claim for misdiagnosis and, if this is the case, we will fight for you with all our knowledge and experience to get the best possible outcome.

Do I Have a Claim?

You may have a claim for misdiagnosis if:

• Your treatment has been delayed due to a less serious concern
• You have received unnecessary surgery due to incorrect diagnosis
• You have suffered stress or trauma as a result of incorrect diagnosis
• Diagnosis has been missed altogether

Get in touch with us as soon as possible if your situation fits any of the categories above. Our specialist misdiagnosis claims solicitors will evaluate your claim and let you know whether there is a reasonable chance of success.

Who Can I Make a Misdiagnosis Claim Against?

In the UK, medical misdiagnosis claims can be made against a range of practitioners and medical institutions, including:

• A GP
• NHS
• Private healthcare facility

If you have been a victim of misdiagnosis while under NHS care, you can lodge a complaint against the NHS service. This complaint will be handled by the NHS Resolution, and will likely be settled out of court. With our team of expert medical negligence solicitors, we walk hold you by the hand through this process and do everything to ensure you have a great chance of success.

What Can I Claim for?

If, having assessed your case, we believe you have grounds for a claim, we will help you determine what can be included in your compensation. General damages — compensation for pain, suffering and loss of amenity — are the most common financial settlements. It is calculated by considering factors such as the nature of your injury, impact on your life, length of recovery, and the pain and suffering due to misdiagnosis.

You may also be able to claim for loss of earnings if you have been unable to work as a result of the injury, as well as any out of pocket expenses incurred as a result of the misdiagnosis you suffered. Our medical negligence solicitors will give you an estimate of what you can expect for your case.

Contact Us

At Medical Negligence Direct, we are passionate about helping victims of medical misdiagnosis seek justice and appropriate compensation. Based in Liverpool, we work with clients across the UK, and offer a free initial consultation and a No Win No Fee service if we believe you have grounds for a claim. Call us today on 0800 644 4240 or complete our online claims assessment form and one of our friendly solicitors will get back to you.

How Much Compensation for Misdiagnosis of Cancer?

Cancer diagnosis can have devastating effects for you and your family. But this can be made worse when it is misdiagnosed by your healthcare provider, especially as cancer is a time-bound ailment. The longer cancer diagnosis and treatment is delayed, the more threatening it becomes and the more likely it is to spread to the body’s other organs. If you have been a victim of cancer misdiagnosis, you can make a claim for compensation.

What is Cancer Misdiagnosis?

If a patient has cancer and a qualified medical expert has delivered a wrong diagnosis, this is known as cancer misdiagnosis. This could mean that they either diagnose your cancer as a different ailment or completely miss the symptoms.

Medical professionals owe their patients a duty of care and must employ different diagnostic measures to identify a patient’s condition and rule out potentially life-threatening illnesses. If a medical professional fails to conduct appropriate tests or consult with specialists for further investigation of a condition, they may mistakenly deliver a wrong diagnosis and you may be entitled to a medical negligence claims.

How Much Compensation Can I Claim for Cancer Misdiagnosis?

Compensation amounts for cancer misdiagnosis can vary, depending on the extent of your injury and the financial losses you have incurred as a result.

At the start of your claim, cancer misdiagnosis solicitors will consider the different ways cancer misdiagnosis has impacted your life. The impact on your life will determine the right compensation amount for you. However, victims of cancer misdiagnosis will usually be able to claim compensation for general damages and special damages.

• General Damages:This compensates for the direct consequences of the cancer misdiagnosis you suffered, such as pain, suffering and loss of amenity. General damages have no exact monetary value, and will be determined based on the nature and severity of the injury you suffered.
  
  
• Special Damages:This compensates for quantifiable monetary losses you have incurred as a result of cancer misdiagnosis. For instance, this may include medical bills, travel expenses, care costs, loss of earnings and estimated future earnings.

No Win No Fee Cancer Misdiagnosis Compensation Claims

At Medical Negligence Direct, we offer medical negligence victims an opportunity to make a No Win No Fee Medical Negligence Claims, including those who have suffered as a result of cancer misdiagnosis. Under this arrangement, you incur no financial risks, as you do not have to pay any upfront fees for your claim. 

If you are considering a cancer misdiagnosis claim, get in touch with us today for a free, no obligation consultation. We work with the best Medical Negligence Solicitors, and will be happy to discuss details of your case right away.

How to Make a Medical Negligence Compensation Claims

Medical negligence is poor medical care provided by a healthcare professional to a patient, which has directly contributed to an injury or worsens an existing condition. Negligent treatment can happen in a number of ways, including misdiagnosis, surgical errors or delayed treatment. If you have been a victim of substandard care and have suffered an injury or illness as a result, you may be entitled to a compensation claim.   

HOW DO I MAKE A CLAIM?

To make a successful medical negligence compensation claim, the first thing you need to do is get in touch with one of our specialist solicitors. We will help you manage the process by trying to understand events surrounding your case via a free initial consultation. After the consultation, we will request your medical records and work closely with independent medical experts, who will evaluate your case and give their opinion on whether you have suffered negligent treatment.

If we believe you have a valid medical negligence claim, we will begin legal action on your behalf.

HOW MUCH CAN I EXPECT FOR MEDICAL NEGLIGENCE?

Every medical negligence case is unique. The compensation you can expect will depend on the nature of your injury, its impact on your life and its impact on your current and future earning prospects. When our Medical Negligence Solicitors help you make a claim, they consider a number of things such as:

• The pain and suffering you have experienced. While this does not have a specific monetary value, the compensation you receive will depend on the severity of pain and suffering.
• Financial losses you have incurred such as medical equipment you have acquired to aid your daily living as well as cost of travel for medical appointments.
• Home adaptations
• Cost of current and future medical care
• Earnings you have lost due to the injury. You may also be able to make a claim for future estimated earnings if the injury has impacted your ability to continue work.
• Cost of medical procedures you need after the negligent treatment

The panel of specialist medical negligence solicitors we work with will use all of the information gotten from you to ensure you receive the maximum compensation you deserve.

CAN I MAKE A CLAIM AGAINST THE NHS FOR MEDICAL NEGLIGENCE?

Yes, you can. If you have been injured or your condition has been made worse due to medical negligence on the part of an NHS trust or medical professional, you may be entitled to a compensation claim. Medical negligence claims against the NHS can be daunting, but our specialist NHS solicitors can walk you through the process and help you get assess to justice.

WILL I HAVE TO GO TO COURT?

Most medical negligence claims are sorted before they go to trial, with only the very complex ones going all the way. If your case goes to court, you can count on us to support you through the process.

CONTACT US

For a free, no obligation consultation about making medical negligence claims, please call us today on 0800 644 4240 or contact us online and we will get in touch with you as soon as possible.

How to Start a Medical Negligence Claim?

Negligent medical care can be a painful and traumatic experience, and can have a serious impact on the health of wellbeing of its victim. If you have suffered harm after receiving poor medical care, you may be entitled to a medical negligence claim.

Medical negligence claims can seem complex and overwhelming, but with the right legal support, you can enhance your chance of receiving a fair outcome. This article discusses the medical negligence claims process and how you can begin your quest for justice.

Initial Consultation

When you contact us at Medical Negligence Direct, we will arrange for a free, no obligation consultation. During this meeting, we will discuss details of your case, including the negligent treatment you believe you or your loved one have suffered. In the end, we will give you an honest and transparent assessment of your case about whether we believe you have a valid claim. If you do, we will advice you on the next steps for a medical negligence claim.

Developing your case

If we believe you have a valid claim, we will help you establish the facts of the case. This will include a number of steps, including obtaining medical records, arranging for expert medical examination, and getting witness statements. 

Letter of notification 

We will help you draft an initial letter to the NHS Trust or healthcare service responsible for your treatment at the time of the negligence. This letter will notify them that you intend to make a claim, and gives them an opportunity to offer a resolution as quickly as possible. 

 Making a claim 

 A letter of claim will be sent to your defendant, detailing the facts of your case. The letter will include the alleged errors made by the medical professional(s), as well as the impact on the health of you or your loved one and how much compensation you seek. 

Upon receipt of the letter, the defendant has 4 months to respond. The response will either admit responsibility for the injury you suffered or deny there was negligence. Following the defendant’s response, we will discuss with you on whether you should accept the settlement (if offered) or take further action. 

 Court proceedings 

If a resolution is not reach with the alleged negligent party, we can initiate court proceedings on your behalf. However, the vast majority of medical negligence cases do not go to trial, so it is likely that your case will be resolved before this point. In any case, you can count on us to walk with you all the way if the case goes to trial. 

 No Win No Fee Medical Negligence Claims

We handle most of our clients’ medical negligence claims on a No Win No Fee basis. This means that you do not have to pay any upfront legal fees when starting a medical negligence claim. 

 Why Choose Medical Negligence Direct? 

We work with a panel of specialist medical negligence solicitors who have been supporting claimants through a wide range of claims for many years. With a strong and successful track record, we are up to the task even for the most complex and challenging cases. Please call us today on 0800 644 4240 for a chat with one of our specialist solicitors or fill out our claims assessment form and we’ll give you a call as soon as possible.

Best Medical Negligence Claims Solicitors Liverpool

 If you or your loved one have received medical treatment that has gone wrong and you are based in Liverpool, our friendly solicitors at Medical Negligence Direct can offer you expert legal advice and support. Medical Negligence Claims are one of the most complex areas of law. This is why the panel of solicitors we work with comprises specialists who can offer expert advice across a range of medical negligence cases, to helping claimants secure the compensation they deserve.

Choosing the right Solicitor can go a long way to make for a successful claim; so, if you live in Liverpool or surrounding areas, our presence in the area will give you the confidence you are getting the best possible legal representation for your claim. From the word goes, our solicitors will be honest and transparent with you. So, if we believe you do not have a valid claim with a strong chance of success, we will let you know and save you the stress of taking on a claim.

MEDICAL NEGLIGENCE CLAIMS IN LIVERPOOL

Avoidable harm is a key component of medical negligence in Liverpool. As a patient, your healthcare provider has a duty to provide standard medical care when treating you. If they fail to do this, it is your responsibility to prove that they are at fault for the injury you have suffered.It is not sufficient to have suffered negligent treatment; you can make a claim if the negligent action caused you injury. This injury could be anything from physical harm to psychological trauma. In any case, our specialist Medical Negligence Solicitors will discuss your situation and advice you on how you can make a claim for compensation.

SPECIALIST LOCAL REPRESENTATION

With us here at Medical Negligence Direct, you will always speak with specialist Medical Negligence Experts from the word go. This will make it possible for us to discuss your case and any evidence to support it. If we believe you have a valid claim for negligence and a reasonable chance of success, you can count on us to handle your case with the utmost commitment to help you secure the maximum compensation you deserve.Our level of commitment, alongside our expertise, sets us apart from other solicitors in the UK. We do everything possible to be at the forefront of medical negligence claims in Liverpool and surrounding areas, and to offer our clients the best legal representation possible.

Yes, we are willing to go above and beyond to support the legal needs of our clients.If you think you or your loved one may have suffered negligent treatment, get in touch with us as soon as possible. Please call us on 0800 644 4240 or fill out our claims assessment form and one of our specialist solicitors will call you at your earliest convenience.

How Do I Make a Claim Against the NHS? NHS Medical Negligence Claims

Medical professionals at the NHS have a duty of care to their patients; they must provide vital healthcare services to every patient under their care. While this is usually the case, they sometimes fail in those obligations, causing injury, and these actions may constitute medical negligence. If you have suffered harm as a result of medical negligence by a healthcare professional at an NHS organization, you may be entitled to make a claim for compensation.

What Can I Do If I Think I Have Suffered NHS Negligence?

If you have experienced medical care of substandard quality while under NHS care, there are a number of options available to you. The first step is to let the hospital management know about your case. In many cases, most medical negligence victims are satisfied with an apology and assurance that there will be no repeat of such poor treatment in future.

If you are unable to reach a resolution, you can lodge a formal complaint through the NHS complaints procedure. You reserve the right to be heard and for your case to undergo thorough investigation. NHS Choices provides guidelines for those seeking to lodge formal complaints against the NHS. Your medical negligence solicitors can also support you through the process.

If you are unsatisfied with the way your complaint is handled, you can take your case to the Parliamentary and Health Service Ombudsman.

Keep in mind, however, that lodging a formal complaint is not necessarily a prerequisite for starting a claim, but it is often wise to do so. Using the official complaints procedure can force the NHS Trust to provide clarity on circumstances surrounding the medical care you received and establish whether there was negligence. With this information, your solicitor can decide whether making a claim would be in your best interest.

What is the NHS Negligence Process?

Medical negligence claims against the NHS can be tricky to prove, and you will need expert legal advice to determine whether you have a case. So, if you are considering an NHS negligence claim, the first step is to contact Medical Negligence Direct.

Our specialist solicitors will discuss with you to learn about details of your case. If they believe your case has a strong chance of success, we will assign a specialist NHS negligence solicitor to walk you through the process.

How Can I Prove My Claim Against the NHS?

It is your duty, as an injured patient, to prove that the NHS was negligent and that its negligence caused you harm. Thus, expert medical opinion will represent the most significant part of your evidence. Depending on the complexity of your case, two or more healthcare professionals with specialist knowledge in the relevant medical field may provide reports that will be used to prove negligence and causation.

Following these investigations, your solicitor will be more certain of your chances and let you know whether you have a strong claim.

How Can We Help?

For NHS negligence claims to be successful, you must be able to establish that the injury you suffered was a direct consequence of negligent care you received at the NHS. Proving medical negligence can be a long and complex process, but you can rest assured our experienced panel of solicitors will help. You can trust us to provide the advice and support you need to go through the process in a stress-free manner, and assist you in winning your claim against the NHS.

Everything Know about NHS Medical Negligence Claims - Medical Negligence

The National Health Service (NHS) — one of the oldest and biggest medical care institutions — plays a key role in the health care of millions of patients every year. Medical care here is usually standard and most patients are discharged without any issues.

However, the increasing patient population puts more than usual pressure on the NHS, and the quality of healthcare may fall below required standards. You may be able to make NHS negligence claims if you have received substandard care by a medical professional at the NHS.

It is important that the victim of medical negligence receives his or her compensation quickly in order to care for their health needs. Unfortunately, making a claim can be a complex, lengthy and stressful process. To make a successful claim and receive the compensation you deserve, there are important things about NHS medical negligence claims you should know.

1. The NHS Resolution:

The NHS Resolution is responsible for managing medical negligence claims against the NHS. In most cases, claims against the NHS are settled out of court or dropped; in fact, only less than 2% of claims end up in court. The NHS Resolution has a database of information where it stores claims filed against the NHS, as well as ‘incidents’ and potential claims where legal action has not taken yet but where a patient has made it clear that they would make a claim.

2. Compensation:

If you have suffered an injury or loss as a direct result of the negligent treatment you received, you can make a claim for compensation. This claim may include compensation for pain and suffering, psychological damage, and loss of earnings. A claim can also be filed on behalf of the next of kin of a person who has died or has lost the capacity to make a claim on their own.

3. Compensation Schemes:

Certain injuries may require special compensation for the damages caused. You may be entitled to make a claim under the special compensation scheme without heading to court. For instance, if you have suffered an illness after a vaccination was administered, you could make a compensation claim to the Vaccine Damage Payment Unit. People who contract HIV when treating other ailments can claim payments from the Government and from the MacFarlane Trust.

4. Time Limits:

Medical negligence claims are subject to a three-year ‘limitation period’. This means that you must issue your claim within 3 years from when the alleged negligence occurred or from when you first realized you had an injury or illness.

If the victim is a child, the 3-year limit does not apply until they turn 18. If the victim is an individual who lacks the capacity to file a claim due to a mental disability, the 3-year limit does not also begin until (and unless) they fully recover from the condition. In both cases, a close relative or parent can make a claim on their behalf.

5. Working with a Solicitor:

You should see a specialized medical negligence solicitor for your case. If, for instance, a misdiagnosis by a medical professional has led to your injury, a misdiagnosis claims solicitor will be best placed to handle your claim. In the UK, there are two panels — the Law Society and the Action against Medical Accidents (AvMA) — recognized for the administration of specialized medical negligence solicitors.

The medical negligence solicitor will evaluate your case and determine if it is strong enough for a claim. To achieve this goal, they will require as much information as possible. So, it is important that you keep records of every relevant piece of your medical care, as well as any documents relating to the complaints’ procedure. Also ensure you store records of loss of earnings and any expenses the damage has caused you. If the solicitor decides that you have a reasonable chance of success, he or she will give you an idea how much your claim might be worth.

6. Letter of Claim:

If you decide against working with a medical negligence solicitor and plan on representing yourself instead, you will need to send a letter of claim to the NHS Trust responsible for your medical treatment. This letter should include your full name and address, date of birth, treatment dates, national insurance number, and the names of the healthcare professionals involved.

Your letter of claim should precisely state the nature of the alleged negligent care, against which medical personnel, and on what date. It should also state the nature of damage caused by the negligent care, and the kind of compensation you seek.

Funding a Medical Negligence Claims:

Your medical negligence solicitor will discuss the funding options available to you. Different solicitor firms work with different funding arrangements for their clients. While some will deduct a ‘success fee’ from your award of compensation if the claim is successful, some do not. So, it is important that you carefully choose the medical negligence solicitors you work with.

Funding options for medical negligence claims include:

Legal Aid: Legal aid seized to cover medical negligence claims since April 2013. However, certain illnesses involving children may receive limited public funding. An example is if the child has suffered a birth injury.

Insurance Policies: Some insurance policies provide cover for legal expenses which could be used to fund a medical negligence claim. However, these policies usually have a set limit on the legal costs they cover, and you may have to choose a solicitor on the insurer’s list. If you are funding your claim through this policy, you should ask for a medical negligence specialist.

Conditional Fee Agreements: Often known as ‘no-win no-fee’ agreements, this funding method is such that you will not have to pay any legal fees to your solicitor if you do not win the case. But if you are successful, the solicitor may take some percentage off your compensation as a success fee.

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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.