How to Claim – for Medical Negligence
It is important to know how to make a claim for Medical Negligence. In order to be successful in a claim for medical negligence, there are two essential elements to prove. Firstly, that the standard of care you received fell below a standard, that could be supported by a responsible body of medical opinion. This is known as breach of duty. In other words your healthcare professional failed to treat you in the way they were reasonably expected to.
Secondly, it is necessary to prove that you suffered a significant injury as a result of that sub-standard care. This is known as causation.
The majority of medical negligence claims are investigated in the same way in order to prove these two components.
The first step is to obtain a full copy of your medical notes and records. These will be sorted, indexed and paginated. From this information a thorough chronology of your treatment will be created. Once that has been completed your solicitor will arrange to take a witness statement from you, which will go through your experience of your treatment, your condition and any concerns you may have looking forward.
At this stage independent medical experts will be instructed to prepare a report addressing breach of duty and/or causation. If this expert evidence is in support of your position, a Letter of Claim will then be sent to the Defendant (i.e. your GP/Hospital).
The Defendant will then have 4 months to investigate the allegations raised and respond confirming whether they admit or deny liability.
If liability is admitted, we will work towards settlement of your claim.
If liability is denied the next step is to work towards court proceedings. Once issued the Court set a timetable for progression of the claim. This will include setting dates for the exchange of documents relevant to your case, the exchange of witness statements and the exchange of expert evidence. These steps are all part of the process working towards a final court hearing.
Some people can be put off from making a medical negligence claim by the thought of having to go to Court. Only a small minority of cases make it to court. The vast majority of claims are settled after all the evidence has been exchanged.
If you have recently been affected by medical negligence you may need to seek legal representation. As such it is vital that you appoint a solicitor with appropriate knowledge and understanding of medical negligence claims. Davies and Partners Solicitors’ medical negligence team has over 25 years of extensive experience acting for clients who have suffered from a range of injuries. The medical negligence claims process outlined above can seem daunting, but here at Davies and Partners our solicitors, who are members of The Law Society and AvMA Panel, have the expertise to help you make a successful claim. Our team can talk you through the entire medical negligence claim process.
If you believe you have a medical negligence claim then our team of specialist medical negligence solicitors can help you make a claim and seek the compensation you deserve.