Friday, 9 December 2011

How To Make A Claim for Medical Negligence

Making a medical negligence claim can be stressful to say the least but it is something that must be done if you are aggrieved. There are experts of the law such as lawyers & solicitors trained in the medical / clinical negligence field who are there to help & argue the case on your behalf. There are also many services such as no win no fee cases that will certainly help with the financial costs too. The cases can be relatively short or they can drag; they can result in small sums of compensation or indeed very large sums of compensation – each case is indeed very different. What is definite though is that you should not try to go it alone. 

To start you must act as soon as you are able. The reason for this is that there are strict time limits for making complaints. The limit could even be a little as 13weeks. Initially you would approach the medical practitioner you are about take action against. At this stage there could be issues regarding misunderstanding, misinterpretation or miscommunication that could be resolved here.  However, if this is not possible then you would have to make a formal complaint. For example, if you are complaining about a General Practitioner, you would have to write to Practice Manager.  If you are to complain about a hospital then you would have to write to the Complaints Manager of that hospital. Once you have this sorted…seek further legal advice!

Incidentally, clinical negligence is a highly specialized area so in any case you will have be able to prove that clinical / healthcare professional has in fact caused you to suffer personal injury. Do not forget that he or she will be fighting to avert your case and save their career! You will have to prove that the medical / healthcare professional has failed to deliver an accepted or appropriate level of medical care: As a result you may be experiencing a worsened medical condition or suffered an injury. This is where your case will really open up and be subject to all manners of legal wrangling. So be sure to have the assistance of a law professional.  Let them take the strain of the case after all it is what they are trained to do.

Now they will fight on your behalf and take whatever arises. The solicitor will keep you abreast of all the happenings and give you the necessary support & advice as the case goes on. They will advise you on all aspects of the case for as long as the case continues. Should you win the case then you would be eligible for some form of compensation, which will depend on the factors of the case itself. If not then the solicitor or lawyer could direct you on your next steps…there may even be grounds for appeal! Good Luck.

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