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10 Things about Medical Negligence Claims

For those with very little or no understanding of the law, pursuing an injury or medical negligence case can be an overwhelming job. However, with the right assistance and information, you will be able to make sure that you’re making the right decisions regarding your future. Here are 10 essential things you need to be aware of regarding medical negligence lawsuits.

1. Legal definitions

An action for medical negligence (sometimes called a claim for clinical negligence) is when a person is able to bring their physician or hospital (or both) to court seeking reimbursement for the act of carelessness that occurred in their medical treatment. In order for this to occur the Claimant must demonstrate that the medical care received was short of the standards expected by an experienced medical professional, and that caused harm to their health and that it would have never occured.

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2. Time limits

Typically, a claim needs to be filed with Court after three years from the time of being aware of the issue and this is typically the time when the error was committed. There are specific instances when the claim for medical negligence is able to be made with some exceptions, such as those who are under 18 years of age or is not mentally competent. Judges can make exceptions, but this is not likely.

3. Locating an attorney

It is essential to find an expert medical negligence solicitor who is skilled and knowledgeable in the area of medical negligence you’re seeking to pursue. They’ll inform you if they believe that you’re eligible to claim medical negligence and then discuss what next actions you can undertake, while keeping you updated on your legal options in all times.

4. It’s likely that you won’t be able to go to the trial

The majority of claims of malpractice involving medical professionals get settled prior to going to trial. In the majority of cases defense is presented, with an offer of financial settlement. However, you must be aware that it’s possible that your claim will go to court, and it will depend on the facts in your situation.

5. It doesn’t require an NHS doctor.

All health professionals could be held accountable if there is evidence that they’ve failed to provide your treatment or similar. This includes dentists, cosmetic Surgeons, Private Clinics or eye care clinics. All of these professionals is open to having someone file a claim for medical negligence in the event of a clear mistake or negligence.

6. How will you finance it

There was a time when Legal Aid was available to help with medical negligence claims however, it is now only available in extremely limited situations. The most common method Claimants utilize to pay for the medical malpractice claims, is to sign into an Conditional fee Agreement (more popularly referred to as “No Win No Fee’). There is also the possibility of having legal expenses insurance in an insurance policy that you have and we are able to investigate this for you.

Private funds are also available, however it is not often employed.

7. You will require evidence

If you don’t have physical evidence, it’s extremely likely that your case will not be heard — which is why it’s so crucial to keep a record of everything that pertains to your case, regardless of how insignificant it might seem. The type of evidence that you require will consist of documents and notes, correspondence as well as expert medical opinions. Our medical negligence claim team will assist you to gather the evidence.

8. How do I obtain additional proof?

Once your Solicitor is first in touch with your doctor They will ask for documents or medical notes that pertain in your claim for medical negligence. Our medical negligence solicitors are skilled and experienced in the process of completing this task for our clients.

9. How long could it take?

In the majority of cases that involve medical malpractice, the procedure that leads to trial may be anywhere from eighteen months up to 3 years, and often, longer. The length of the case depends on the defendant’s position on responsibility and causation, the severity of the injury, as well as the severity of the case.

10. Medical witnesses are required.

In the majority of cases medical witnesses are often asked for their professional opinions. Expert evidence that can help establish the negligence that caused the action and the causal connection between the negligence and the injury and long-term consequences on the Claimant.

In these difficult times it is essential to talk to a lawyer whom you trust and can assist you in navigating the many hurdles that arise from legal claims for medical malpractice. Learn the most you can before beginning the process can help you in making judicious choices, and we’d be delighted to talk to you now and offer the legal advice you require.

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Contact us now to discover what we can do to help you with your medical negligence compensation.