How Long Does a Medical Negligence Case Take?

Medical Negligence cases are usually very complex. It is a combination of two multidimensional subjects — law and medicine; as a result, they can take a long time to settle. In general, the claims process can last anywhere between 18 months and six years. However, your medical negligence lawyer will give you an idea of how long your case may take to resolve, depending on its unique nature.

The medical negligence claim process involves a number of steps, which usually have deadlines for responses. Let us briefly discuss the claims process and how long each stage takes.

• At the beginning of the claims process, our solicitors will apply to your health provider to obtain your medical records. According to disclosure rules, your health provider has 40 days to respond.
• Our solicitors will review your medical records and seek expert medical opinion to determine whether you received substandard medical care. This process can last 3–4 months per medical expert; more than one specialist may be required to prove liability.
• Following this assessment, our Medical Negligence Solicitors will send a Letter of Claim on your behalf to the relevant health authority. According to the Pre-Action Protocol for the Resolution of Clinical Disputes, they are expected to respond within four months. However, they may request for more time in order to prepare their defence.
• The defendant will either accept or deny liability. If they accept, we will begin negotiations for your financial settlement. Their first offer will likely be low and we will request a revision of the offer. If they deny liability (or the final offer is too low), we will issue court proceedings on your behalf. This stage involves a number of time-consuming steps, and a trial date will be set within two to three years of this time.
• If your case is successful, the defendant will be under obligation by the court to pay damages within a specific period of time, as well as the legal costs of pursuing the claim. The payment process usually takes 14–28 days.

What Do You Need to Do?

If you think you have been a victim of medical negligence, it is critical that you seek expert legal advice and support. This is why Medical Negligence Direct works with a panel of specialist medical negligence solicitors who help victims of negligence in their quest to pursue medical negligence compensation claims.

When you contact us, we will discuss details of your case and, if there are grounds for a claim, our medical negligence lawyers will offer to work with you on a No Win No Fee medical negligence basis. We will be happy to discuss with you and help you make the best decision as regards suing for medical negligence.

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.

Make a Breast Cancer Misdiagnosis Compensation Claims

Despite how well-known breast cancer’s early warning signs are, it is not uncommon to come across medical professionals who fail to promptly diagnose the condition. When misdiagnosed, the treatment of breast cancer can be less effective and may even cause the patient unnecessary pain and suffering. if your breast cancer has been misdiagnosed, you may be entitled to a breast cancer misdiagnosis claim.

When diagnosed early, there’s a great chance that breast cancer can be cured. Treatment may include hormonal therapy, chemotherapy, radiotherapy and surgery. But if the cancer goes undetected for long, it could grow and spread to other parts of the body. Therefore, breast cancer misdiagnosis can be very serious.

MAKING A BREAST CANCER MISDIAGNOSIS CLAIM

To successfully make a breast cancer misdiagnosis claim, you need to prove that your doctor’s misdiagnosis affected the ultimate outcome you experienced. Usually, this means that the medical professional failed to thoroughly investigate and examine you. They may have also failed to link the symptoms you presented with the condition, misdiagnosing a different ailment. They may have misread test results or even failed to refer you for further tests.

If you or your loved one has had breast cancer misdiagnosed, it is important that you seek legal support as soon as possible, as there are strict time limits for making claims. Get in touch with Medical Negligence Direct today for expert legal advice and support. Our friendly and specialist medical negligence solicitors provide a free no obligation advice to help claimants in dealing with breast cancer misdiagnosis claims successfully.

HOW WE CAN HELP

Medical Negligence Direct has helped many claimants to make claims for compensation after suffering injury as a result of medical negligence. We also help them seek answers from the individual or organization liable. This is because we realize that an apology can go a long way in helping victims of breast cancer misdiagnosis seek closure and assurance that there will be no repeat of such negligent treatment in future.

Most claims handled by our panel of solicitors are funded via a No Win No Fee agreement, which means there will be no financial risk to you, no matter the outcome of your case. Our proactive and experienced approach also gives you the very best chance of winning your claim.

TALK TO US

If you or your loved one has suffered due to breast cancer misdiagnosis, talk to one of our friendly solicitors today on 0800 644 4240. You may also complete our free claim assessment form and we will give you a call back as soon as it is convenient for you.

A Guide to Medical Negligence Compensation Claims by Medical Negligence Direct

The UK healthcare system is one of the finest and most respected in the world. However, mistakes can occur in almost any medical setting, including clinics and hospitals and, when things go wrong with healthcare, it can have very devastating and far reaching effects. It can severely affect the physical, financial and emotional state of the victim.

The good news is that you can make a claim for negligence if a healthcare professional has breached their care of duty by providing substandard care to a patient, which has caused injury. However, you must be able to determine whether or not medical negligence has occurred before making a claim.

WHEN HAS MEDICAL NEGLIGENCE OCCURRED?
Medical Negligence can be complex, so knowing if you have suffered negligent care can be hard sometimes. Did the doctor breach his/her duty of care or was it one of those inevitable things? Let us start by defining what medical negligence really is. Medical Negligence occurs when a healthcare professional fails to provide appropriate standard of care, causing illness or injury to the patient. This may mean causing injury or illness due to substandard care, or worsening a pre-existing medical condition.

Medical negligence can occur in several different forms, which can include, but not limited to:

1. Misdiagnosis:

This occurs when a healthcare provider diagnosis a particular condition, when the patient has a different one. Misdiagnosis could also occur when the medical professional fails to diagnose a patient’s condition, since this could delay the correct diagnosis and treatment of a patient. Contact to our Misdiagnosis Claims Solicitors for make a claims.

2. Incorrect Treatment:

Sometimes, misdiagnosis can cause a healthcare provider to administer a wrong drug, prescription or treatment. When incorrect treatment is administered, it not only fails to provide relief for the patient’s condition, but can worsen the illness or injury in some cases.

3. Prescription Error

A doctor or nurse can be responsible for the type, quantity, and mode of administration of a medication for his/her patient. If they make a mistake about the type of drug to be prescribed, dosage to be administered, or the mode of administration, the patient may be able to pursue claim for negligence. Prescription error could also occur if bad handwriting causes the patient harm. Luckily, band handwriting problems are increasingly rare as most healthcare providers now use computer systems.

4. Surgical Errors

Mistakes are sometimes made during a surgical procedure or operation. Surgery is meant to provide relief to any pain a patient is experiencing, but the opposite can happen sometimes, and mistakes can be made by a medical professional. These mistakes may either mean that the initial problem isn’t fixed or that the pre-existing condition has been worsened. Surgical Errors could include performing an operation on the wrong part of the body, damaging certain organs or forgetting surgical equipment inside the patient’s body.

WHAT NEXT?
If you believe you have been a victim of medical negligence and are considering pursuing a claim for compensation, then you should consider the following important elements that impact medical negligence.

1. Breach of Duty: Your medical negligence solicitors can help you determine whether your experience meets the criteria for negligent care. To achieve this, they must prove that you received substandard care, and that this care has directly resulted in or contributed to an injury, or worsened an existing injury.

2. Time Limits: Strict time limits apply when it comes to pursuing a medical negligence claim. Generally, claimants have three years from the date of the injury or the date of knowledge, to make a claim. Though this time limit usually begins from the date the negligent act occurred, it may sometimes be obvious at a much later time after the negligence.There are also exceptions to the three-year time limit. If the medical negligence affects a child under 18 or a mentally disabled patient, the time limit begins when the child turns 18 and when the patient recovers from the disability respectively. If this is a permanent disability, family members may help such one make a claim for compensation.

3. Compensation: A range of factors determine the amount of compensation you can be awarded. These factors can include the extent of illness or injury, the impact it has had on your life, the impact it would have on your future, and any expenses that you have incurred as a result of the illness or injury.

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.

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.