What Do I Need To Do In A Case Of Medical Negligence

Think carefully before trying to deal with your medical negligence claim on your

own as taking action without specialised legal advice could mean you end up in worse situation then when you began. Medical negligence claims are notoriously complex and it is so important that proper legal advice is sought before any action is taken.

Statistics taken by the NHSLA about medical negligence claims (also known as clinical negligence claims) have shown that 35% were abandoned by the claimant, 43% got a settlement out of court, 1.5% have settled in court in favour of the claimant, 0.5% settled in court in favour of the NHS and 20% remained outstanding.

You may believe that you have lots of evidence to prove negligence and surely it can't be that complicated. Lets have a think about what things you need to be considering.

Even if you are sure you were a victim of medical negligence, it doesn't mean you were according to the Law. You will need strong proof that:

1) Your injury and loss are true;

2) Your loss was caused by the person you are accusing;

3) There was a duty of care or medical negligence which caused the injuries.

You might have witnesses, but a Court won't take them into account if the doctor can prove he acted by following a reasonable medical policy.

Not only this, but are you aware you only have 3 years to make a claim? Maybe you started to feel the injuries after a long time. So can you bring a claim 7 years after a negligent incident which has caused injury or illness? Do you know what to look for in medical records? Do you know the right kind of medical specialist to instruct to help your case? This is exactly where an experienced medical negligence solicitor can be invaluable. And it is a complex area of law - so you do need a solicitor who really specializes in this area, preferably one who is on either the Law Society Medical Negligence Panel or the AVMA panel - ideally both.

So, you decide that your claim is worth persuing. Where do you start?

1) Prepare your claim in writing.

2) State the facts in chronological order with names of hospital and doctors.

3) Explain what treatment you received and why you believe that your doctor/surgeon etc was negligent. Do say if you have already lodged a complaint and what happened as a result of this.

Once you have this information, weigh up again whether your case is worth legal proceedings. If your answer is yes, a medical negligence solicitor will help you through the stages and make the process as fast and hassle free as possible.

by: Tim Bishop

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