Medical negligence put simply, is a poor quality treatment or care given by a medical professional to any patient that led to injuries, illnesses, complicated conditions, or even death. Medical negligence is caused by a plethora of factors, such as making the wrong diagnosis, prescribing wrong medicines, delaying treatment, following wrong procedures in the emergency ward, surgical errors, and many more.
If you have ever fallen victim to clinical negligence, you’re entitled to submit a claim to win monetary compensation. However, these claims are seemingly complicated, and you cannot deal with legal matters unless you’re well-versed in the subject. This is why you should contact a reputable law firm to represent your case in such situations and ensure you get your deserved claim. Our professional team of lawyers has vast experience in dealing with medical negligence in Scotland and the surrounding regions.
With the right help and advice, you can make the correct decision for yourself and your family. Here we have listed ten important things you must know before diving in for a medical negligence claim.
The Legal Matters And Definitions
Medical negligence claims are pretty common in the UK. Medical or clinical negligence happens when a patient submits a claim against their doctor, or the staff, for monetary compensation because they demonstrated negligence or carelessness in the treatment process. If you’re the claimant, you need to have all the pieces of evidence to prove that the treatment you received was substandard, became the cause of your bad health, which wouldn’t have happened otherwise.
The Time Limits For Submitting A Medical Negligence Claim
According to British Law, medical negligence claims should be taken to court within three years of the date when a patient became aware of their issue. However, there are some instances where the time limit can differ. These exceptions include cases where the loved ones of the deceased weren’t in their right mental capacity at the time of the mishap, children under the age of eighteen, or when the victim has died and their family members pick up the case later on. There are certainly other cases as well where the judges may accept exceptions, but this happens rarely.
Finding The Right Legal Help
When faced with such a situation, it is extremely vital to get in touch with a professional medical negligence solicitor. Your solicitor must be highly experienced in their field of work and have all the knowledge about the case they will pursue for you. The right solicitor will give you the correct legal advice, will let you know what damages you’re entitled to, and guide you throughout the procedure until your case is settled.
Trials Are Very Rare
There is a very common misconception prevalent about injury claims and medical negligence claims that you’ll have to face the jury and go to trials. Know that in any case, you won’t have to face the jury for such cases, and most of the clinical negligence cases are settled without the need for a trial. Mostly, the defendants will offer a financial settlement themselves to finish off the matter. However, you shouldn’t also completely rule out the possibility of paying visits to the court, which highly relies on the facts in your case.
Medical Negligence Claims Aren’t Always Against NHS Doctors
Another myth that surrounds the medical negligence claims is that you can only claim when shown carelessness by an NHS staff. This is wrong, as any medical professionals and health practitioners are answerable if you have evidence about their negligence. Dentists, surgeons, cosmetic doctors, private clinics, and even eye doctors can be brought to court.
How To Pay For It
There are only a few cases where legal aid is provided in medical negligence cases. However, mostly it’s not and the claimants mostly choose to fund their claims by signing for law firms that offer no win any fee agreements, also known as conditional fee agreements.
You Need Concrete Evidence
In order to be able to submit a claim, and be successful in winning the monetary compensation, you must have all the physical shreds of evidence required to get your case going. Make sure you note down everything and keep records of whatever you go through, including the little things. Expert medical prescriptions, opinions, correspondence, records, and all kinds of notes will make the work of your solicitor easy and strengthen the likelihood of getting you your deserved money.
Get Extra Proof
To get additional proof, your lawyer can contact the medical professional who treated you and request them for all the medical records and anything else that is important for your claim.
The Time It Might Take
You need to maintain patience in medical negligence claims. It’s highly unlikely to get your monetary compensation within a few months. The process that goes to a trial might take around 3 years and sometimes even longer settle. The longevity of the claim mainly depends on how the defendant is responding.
Medical Witnesses Are Important
Without a medical witness, your case will most likely fail. In most cases, medical witnesses are asked for their expert opinion. Their professional views and advice help determine that the act can be deemed as negligence or not.
When encountered with any such mishap, know that you’re entitled to compensation, but it’s only possible if you get in touch with a sound solicitor, who can guide you through the whole process. It is also important that you acquire as much knowledge as you can about medical negligence claims before starting the process so that you make the right decisions.