Thanks to the quality of our medical professionals, the UK healthcare system is one of the best in the world. As a result, medical negligence is an uncommon occurrence. However, things do go wrong at times, possibly due to poor medical experience or under funding leading to below-par staffing.
Medical negligence can have life-altering effects on patients who are left to suffer the result of an error, mistake or breach of duty on the part of a medical professional. Though many victims of medical negligence just wish to hold the negligent professional(s) to account, compensation for damages is also key as it will help the patient get back to the position they were before the negligent act.
In order to make a successful medical negligence claim, it is important that you understand how the process works so you can make the best decisions. This article is a brief guide to claiming compensation for medical negligence. However, you must take note that each claim is unique, so if you are unsure about the next step to take, it is best to consult medical negligence solicitors.
How can I make a complaint?
If holding the negligent healthcare professional to account means more to you, the first step to filing a complaint is to write a letter to the doctor who treated you or the hospital trust. This could give you closure you need, and assurance that such incident will never happen again.
However, if the negligent care has affected your financial capacity and caused you injury, you may need to make a medical negligence claim for compensation. This is when you need to consult a medical negligence solicitor for help.
You can file a medical negligence claim against anyone who owes you a duty of care. This could include doctors, dentists, hospital trusts, cosmetic surgeons. Whether they are privately funded or a part of the NHS, you can make a claim against any medical professional who has breach a duty of care.
Each medical negligence claim is unique. This means that the compensation you receive will depend on the specifics of your situation. However, certain general guidelines apply for negligence cases and, with the aid of a medical negligence claim calculator, you can have an idea what to expect as settlement. For instance, childbirth negligence could be awarded compensation of up to £121,000.
What evidence do I need to claim compensation?
To increase your chances of success, you need to prove that the healthcare practitioner was negligent, and the negligence caused you an injury or loss. This is why the importance of keeping all your medical records cannot be overemphasized. Your solicitor will also ask if you have suffered a loss of earnings, or if you have had to take care of travel and medical visits as a result of your case.
How do I find a medical negligence solicitor
You need to find a medical negligence lawyer experienced in handling cases similar to yours so you can get your desired results. You can reach out to others who have experienced medical negligence in the past; they may recommend a specialist solicitor. A reputable solicitor should also make it possible for you to contact their previous clients so you can ask about the solicitor’s handling of their case.
Funding is a primary concern for many potential medical negligence claimants. However, there’s no need for panic as most cases are funded through a medical negligence no win no fee UK (Conditional Fee Agreement). This agreement is designed to ensure there is no financial risk to you. After your first meeting with your no win no fee medical negligence solicitor, the strength of your case will be evaluated, and you will be advised if you can pursue a claim or not.
Medical negligence claims are usually complex and even distressing at times, especially without the right kind of support. This is why you need a proven medical negligence solicitor – one who will walk you through the process and help you make the right decisions. With this support system in place, your chances of a successful claim will be high.