Claiming Compensation For Medical Negligence

If you have been the victim of medical negligence

, you will be within your legal rights to claim compensation for the damages you have suffered. In this article we take a closer look at how to claim compensation for medical negligence, helping you understand the process in greater detail.

How to claim compensation for medical negligence

If you believe that you or a loved one has been injured as the result of medical error, you could be in a position to make a medical negligence claim. To get the process started, you need to contact a medical negligence solicitor for an initial consultation. This will give you an opportunity to explain the details of your treatment to a legal expert, who will then use their professional knowledge to say whether or not you are able to make a claim.

If you are advised that you have a medical negligence case, you must decide if you wish to proceed with legal action. If you do, your solicitor will start the claim for you, handling each stage of the process on your behalf. Generally speaking, this will include:-

1. Obtaining your medical records;

2. Obtaining a statement from you and any witnesses (such as family and friends);

3. Instructing a medical expert (or a number of experts) to review your medical records, examine you in person and prepare a written report on your case;

4. Sending a letter of claim to the defendant explaining the allegations;

5. Making an offer to the defendant regarding a compensation settlement;

6. Negotiating a compensation settlement, if the initial offer is refused.

How much compensation for medical negligence?

Once your compensation offer is accepted, you will receive your settlement in full - no deductions will be made, although this could be set to change in the future. You will be given a sum for general damages (which refers to your pain, suffering and loss of amenity) and special damages (which refers to your acute financial loss).

The amount of compensation you receive will therefore vary according to the nature of your damages. The degree of pain and suffering you have experienced will be measured with help from a medical expert, and the money you have lost will be calculated by your solicitor in a schedule of damages. This information will then be used to evaluate your claim, ensuring you are awarded a sum that reflects your injuries.

Do you want to claim compensation for medical negligence?

If you would like to claim compensation for medical negligence, you must get in touch with a solicitor who specialises in this area of the law. Most claims must be settled within three years of the event, so do not delay in seeking expert legal advice.

by: Julie Glynn

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