subject: 7 Steps Of A Cauda Equina Syndrome Claim [print this page] If your Cauda Equina Syndrome was negligently handled by medical professionals, you might want to consider claiming compensation for the injuries you have sustained. Before you make an enquiry, however, you will probably want to know more about the procedure involved. That is why we have compiled this article, explaining the different steps in more details, helping you to understand the process of making a medical negligence claim.
If you have any further questions or are unclear about a particular aspect, do not hesitate to contact us for more information.
The Process of Making a Medical (Clinical) Negligence Claim.
The process of making a medical negligence claim (sometimes called clinical negligence claim) will involve the following seven steps:-
1. Contact a specialist solicitor.
The first step is to contact a legal expert who specialises in cauda equina claims. After listening to the details of your treatment, a solicitor will be able to suggest what action you should take next. If you have been the victim of medical negligence, this could involve continuing with a claim against the party responsible for your injuries. If you are happy to proceed with legal action, your solicitor will begin the process for you.
2. Obtain witness statements.
The next stage involves collecting evidence in the form of witness statements. You, as the injured victim, will need to give a statement detailing your treatment and the way in which your life has been affected. Others may also be called upon to give a statement - for example, family members or friends.
3. Obtain your medical records.
In the meantime, your solicitor will obtain all your medical records, sort them into a logical order and identify any entries that strengthen your case.
4. Instruct a medical expert.
Once the medical records have been prepared, your solicitor will be able to instruct a medical expert who specialises in Cauda Equina Syndrome to review your case. This expert will look at your records and examine you in person. He/she will then prepare a written report offering an independent opinion as to whether or not you have been the victim of a substandard level of care.
5. Send a formal letter of claim.
If the medical report is favourable, your solicitor will send a formal letter of claim to the other side detailing the reasons fault is alleged.
6. Negotiate a settlement.
The other side, known as the defendant, then has three months to respond to this letter, in which they will either deny the accusation or admit liability. If they accept responsibility, it will be possible to negotiate a compensation settlement outside of court.
7. Issue court proceedings.
If liability is denied, your solicitor will issue court proceedings, after which the defendants have one month to file their 'Defence' against the claim. Once all the paperwork is received, a judge will set out a timetable detailing what remaining steps should be taken before the trial. More often than not, a settlement will be reached between the two parties during these stages. However, if an offer can be agreed upon, the case may end up in court. It will then be up to the judge to decide how much compensation (if any) you should receive.
