Making A Medical Negligence Claim
If you have been the victim of medical negligence, you will be legally entitled to make a claim for the pain, suffering and acute financial loss you have incurred because of your injuries. But how do you know whether or not this applies to you? Who can make a claim? And if you are eligible, how do you begin the claims process?
In this article we take a closer look at these questions, helping you to understand how to make a medical negligence claim.
Finding out whether you can make a claim
If you believe you have suffered as a result of medical negligence, your first steps should be to contact a medical negligence solicitor. As someone who specialises in this area of the law, a solicitor will be able to listen to the details of your case before confirming whether or not you have grounds to make a claim. This decision will be based upon three factors:-
- A medical professionals breach his or her duty of care towards you. This means that you received a level of care which is considered unacceptable in the eyes of a responsible body of men.
- That this breach of duty caused you to sustain an injury that you would not otherwise have suffered;
- That your period of limitation has not expired. In England and Wales a medical negligence claim must be made within three years of the event; if this time period has lapsed it will not be possible to make a claim.
As long as you have not exceeded your period of limitation, and a breach of duty and causation can be established, you should be able to make a medical negligence claim.
Beginning the claims process
If a legal expert suggests that you have indeed been the victim of medical negligence, you must decide whether or not you would like to proceed with legal action. If you would, your medical negligence solicitor will handle the claims process for you. Every case will vary slightly, but generally speaking a claim will involve the following steps:-
- Obtaining your medical records;
- Taking a statement from you and any other witnesses;
- Instructing a medical expert to review your medical records, examine you in person and prepare a medical report on your injuries;
- Making an offer to the other side (the defendant);
- Negotiating a compensation settlement with the defendant, if the first offer is not accepted.
Contact a solicitor today
If you would like to find out whether you are entitled to compensation for the medical negligence you have encountered, contact a solicitor as soon as possible. You only have three years to make a claim, so do not hesitate in seeking expert legal advice.
Can We Help You With A Medical Negligence Enquiry?
Early legal assistance can be vital so please contact us if you would like to discuss your situation. Please call us free on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
Can We Help You With A Medical Negligence Enquiry?
Early legal assistance can be vital so please contact us if you would like to discuss your situation. Please call us free on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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