10 Things You Should Know About Medical Negligence Claims
10 Things You Should Know About Medical Negligence Claims – Medical negligence is defined as poor treatment or care given by a medical professional to a patient that results in injuries, diseases, difficult conditions, or even death. Medical negligence includes providing incorrect diagnoses, administering incorrect medications, delaying treatment, performing incorrect emergency room procedures, and more.
If you have been harmed by clinical negligence, you can file a claim for financial compensation. However, these claims are seemingly complicated, and you cannot deal with legal matters unless you’re well-versed in the subject. To ensure you claim your rightful compensation, you should contact a professional law firm. Our professional team of lawyers has vast experience in dealing with medical negligence in Scotland and the surrounding regions.
With the right help and advice, you can make the correct decision for yourself and your family. Here we have listed ten 10 Things You Should Know About Medical Negligence Claims:
The Legal Matters And Definitions
Medical negligence claims are pretty common in the UK. Medical or clinical negligence happens when a patient submits a claim against their doctor, or the staff, for monetary compensation because they demonstrated negligence or carelessness in the treatment process. In order to prove that your treatment was inadequate, you must have all proof to show that it caused your illness.
The Time Limits For Submitting A Medical Negligence Claim
Under Scottish law, a patient has three years from the date of discovery to file a medical negligence claim. However, there are some instances where the time limit can differ. These exceptions include cases where the loved ones of the deceased weren’t in their right mental capacity at the time of the mishap, children under the age of eighteen, or when the victim has died and their family members pick up the case later on. There are certainly other cases as well where the judges may accept exceptions, but this happens rarely.
Finding The Right Legal Help
When faced with such a situation, it is extremely vital to get in touch with a professional medical negligence solicitor. Solicitors must be extremely skilled and knowledgeable in their line of business. An appropriate lawyer will take you through the entire process, from obtaining legal advice to settling your claim.
Trials Are Very Rare
Contrary to popular belief, you will not have to go to trial for injury or medical negligence claims. You won’t have to face a jury in these matters, and most clinical negligence claims are settled without a trial. Mostly, the defendants will offer a financial settlement themselves to finish off the matter. However, you shouldn’t fully rule out going to court, depending on the specifics of your case.
Medical Negligence Claims Aren’t Always Against NHS Doctors
Another myth that surrounds the medical negligence claims is that you can only claim when shown carelessness by an NHS staff. This is wrong, as any medical professionals and health practitioners are answerable if you have evidence about their negligence. Dentists, surgeons, cosmetic doctors, private clinics, and even eye doctors can be brought to court.
How To Pay For It
There are only a few cases where legal aid is provided in medical negligence cases. However, mostly it’s not and the claimants mostly choose to fund their claims by signing for law firms that offer no win any fee agreements, also known as conditional fee agreements.
You Need Concrete Evidence
In order to be able to submit a claim, and be successful in winning the monetary compensation, you must have all the physical shreds of evidence required to get your case going. Make sure you note down everything and keep records of whatever you go through, including the little things. Expert medical prescriptions, opinions, correspondence, records, and all kinds of notes will make the work of your solicitor easy and strengthen the likelihood of getting you your deserved money.
Get Extra Proof
To get additional proof, your lawyer can contact the medical professional who treated you and request them for all the medical records and anything else that is important for your claim.
The Time It Might Take
You need to maintain patience in medical negligence claims. It’s highly unlikely to get your monetary compensation within a few months. The process that goes to a trial might take around 3 years and sometimes even longer settle. The longevity of the claim mainly depends on how the defendant is responding.
Medical Witnesses Are Important
Without a medical witness, your case will most likely fail. In most cases, medical witnesses are asked for their expert opinion. Their professional views and advice help determine that the act can be deemed as negligence or not.
When encountered with any such accident, know that you’re entitled to compensation, but it’s only possible if you get in touch with a sound solicitor, who can guide you through the whole process. It is also important that you acquire as much knowledge as you can about medical negligence claims before starting the process so that you make the right decisions.
Medical Negligence Claim Calculator
Use our online calculator to estimate an approximate valuation of your claim.
Medical Negligence No Win No Fee
Any accident suffered during the last 3 years may be eligible for compensation. We handle all claims on a No Win No Fee basis. This protects all our clients from unexpected solicitor fees. You only pay a percentage from your compensation if your claim is successful.