How to Make a Medical Negligence Claim

Henrietta Strickland
April 13, 2018

If you are ready to make a medical negligence claim, it can be hard to know where to begin. Having prior knowledge beforehand can help you along the process and give you the best possible chance of winning your claim. Here is a guide on how to make a medical negligence claim.

What is Your Claim?

The first step in making a medical negligence claim is understanding and knowing exactly why you are claiming. If you feel you have been poorly treated by a healthcare professional which has caused you distress or injury, you will be able to make a valid medical negligence claim. There are a wide variety of examples and reasons on why people claim medical negligence UK so make sure you take the time to research on whether your case is right and valid for a claim.

Who is Your Claim Against?

Once you have identified the reasons behind why you are claiming, the next step is to figure out who you are claiming against. Regardless of whether your treatment was with the NHS or private healthcare, you can claim against any provider which includes doctors, nurses and dentists. You can also claim directly against a hospital for a variety of reasons including misdiagnosis, medical malpractice, errors in prescriptions, failure of diagnosis as well as delayed treatment.

There are many more valid reasons to undertake a medical negligence claim so ensure you have done you research beforehand. Also, making a medical negligence claim against a provider does not affect your rights and should you wish, you are still able to be seen by the same provider if you need any more assistance or treatment. However, if you do not feel comfortable seeing the same provider, it is recommended to find treatment in another establishment. You are also able to claim against your GP for similar reasons to a hospital.

Getting Help

Getting the relevant help and support you need is vital to the overall success of your medical negligence claim. To get your claim on its way, you will need to research and find medical negligence solicitors and medical negligence lawyers in your area. Having those who specialize in your case will help enormously in winning your case and getting the compensation you want.

Finding the best medical negligence solicitors around will get you off to a good start, ensuring you have the best support available. With so many specialists around, it can be hard to determine who will be right for you. Before you make the decision, have a look at what each can offer you as well as asking for prior case studies and customer reviews to help make your mind up.

For example, The Medical Negligence Experts provide potential clients with a free advice line, which could be very beneficial for you if you are considering whether to make a claim or not. These kinds of free services are also useful to take advantage of if you're looking to find an estimated cost for your claim.

Providing Evidence

When you visit your solicitor, the first thing they will ask for is evidence. The more evidence you have for your case, the better chance you have of winning. Your solicitor will need to investigate into your claim and thoroughly analyse all the evidence you provide. Giving your solicitor relevant information such as doctors notes, times and dates as well as the names of the professionals who conducted your treatment can help your solicitor piece everything together and come up with a solid case.

Also, once your solicitor has looked through your case, they are then able to give you a rough idea on how successful your case could be. You will also be able to get an idea on the level of compensation you could receive. Looking at websites that specialise in medical negligence claims UK can help you with the types of evidence you need.

Claiming Compensation

If your medical negligence claim is successful, you will be awarded compensation. Many factors must be considered before your compensation can be given. If the treatment you received has left you with life changing injuries, your compensation will likely be much higher. Also, if you need any specialist equipment to be able to live a normal and active life, this will be taken into consideration and will reflect in the amount of compensation you receive. With so many reasons and treatments that can result in a medical negligence claim, it is best recommended to speak to your solicitor who will be able to give you more of an insight into how much your claim could be worth overall.

 The process of a medical negligence claim can take time, particularly if it must go to court so be aware that your claim may not be as straightforward as you initially imagined. It is important to know that whilst your case may be strong, there is always a chance that it could not be ruled in your favour.

Not only is finding the right solicitor important, reading up on others who have been through the procedure will help give you more clarity and guidance to ensure you know how the whole process works. Be sure to look at specialist websites and forums where you will be able to ask questions that you need addressing.

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