For majority of individuals having no or little knowledge of the law, the pursuit of medical negligence claims can be quite intimidating. However, with the right knowledge and right help, you’re able make correct decisions for your future.
What are Medical Negligence Claims?
Sometimes referred to as clinical negligence, this is when a patient makes a decision to take their hospital or a medical practitioner, or both to court for compensation. For this to happen, the patient, referred to as the Claimant should prove that, indeed, the care provided was below the standard of a reasonable competent of a clinical or a medical professional. If the Claimant is able to prove that a breach of duty happened, he or she should then establish causation. It implies that the treatment which led to the damage would not have otherwise happened.
Important Factors to Know About the Claims
Time Limits:You should begin the legal case within a period of three (3) years from the occurrence of the incident or rather when you first became aware that an injury has happened to you. However, for children this time limit does not begin to apply until they reach the age of 18. When the claim concerns a patient who’s unable to manage their own affairs due to a mental disability, for example, this time limit also doesn’t apply till, or/and unless, they fully recover from their disability. However, in both instances, a parent or any other individual close to them may make the claim on their behalf.It is recommended that you have a specialist advice immediately after the incident, and not to leave this till last minute. Since medical negligence claims are quite complicated to investigate, a number of solicitors will not take on a claim when it is within one year of expiry.
Consulting a Solicitor:You need to see a solicitor who is specialised in medical negligence claims cases. The lawyers are going to look at your claim and make a decision if it is solid enough to take action on it. They’re going to require need much information concerning your case. Therefore, it helps to maintain a record of all which is pertinent to your treatment together with any paperwork you have received when you have passed through the complaints process. You should also maintain record of all expenses that you have had to pay together with loss of earnings among others. Your solicitor is going to make a decision if or not your claim has some reasonable chance of succeeding and he or she should be able to provide you an idea the amount of money your compensation might receive.
Paying for Your Legal Claim:Your lawyer is going to discuss with you the best means of settling your legal claim. Note that different companies of lawyers have different types of arrangements for their clients to pay for legal expenses and insurance that will protect you from costs when you lose your claim. You should carefully choose a solicitor to pursue your medical negligence claims.