Category Archives: MEDICAL NEGLIGENCE

If you think you have suffered from medical negligence, you might be entitled to compensation for your injuries. But navigating the claims process can seem overwhelming, especially if you are not familiar with it. 

Having assisted numerous individuals with their claims over the years, we have encountered many reoccurring questions about the medical negligence claims journey. Here, we have compiled answers to some of the most frequently asked ones to help make the process clearer for you.

• What is Medical Negligence? 

Medical negligence, or clinical negligence, happens when a healthcare provider fails to meet the expected standard of care, leading to harm to your health that could have been avoided.

Healthcare professionals have a responsibility, known as a ‘duty of care,’ to their patients. Medical negligence occurs when they breach this duty or the duty of care is not done to a certain standard. 

• Who Can Be Held Liable for Medical Negligence?

Medical negligence is not limited to just NHS doctors. It extends to all healthcare professionals who may have acted negligently in your treatment.

This includes dentists, cosmetic surgeons, private clinics, and eye clinics. If you are unsure whether someone could be liable for medical negligence, seeking advice from a solicitor is recommended.

• Who Will My Claim Be Against?

In a medical negligence claim, it is crucial to pinpoint who is accountable for the lapse in providing you with proper care.

Often, the liable party may not be the healthcare provider who directly treated you. For instance, if you received care at an NHS hospital, your claim would likely be against the NHS Trust overseeing the hospital, rather than the individual practitioner.

However, the specifics of your case determine whom to pursue. Early identification of the correct person or organisation is key to ensuring a successful outcome.

• How Do I Begin a Claim? 

Starting a medical negligence claim requires the assistance of a qualified solicitor without delay. While you may understand what occurred, proving the specific details and their legal implications can be intricate and should not be underestimated.

Your solicitor will initiate the process by determining the legal grounds for your claim. They will also provide insight into the expected timeline for resolution and an approximate estimation of its potential value.

• What Evidence Do I Need?

Determining the evidence required to support your case may not be straightforward, depending on the level of negligence involved.

First off, your solicitor will need to get hold of your medical records from your doctor or the hospital. 

If the negligence caused any visible injuries like bruises, taking some photographs of the injuries  ASAP is crucial.

Your solicitor might also want to gather statements from anyone who witnessed what happened or knows something about it. It is also a good idea to jot down anything you struggle with because of the negligence and when you need extra help, like with chores around the house.

Usually, your solicitor will arrange for an independent medical examination to assess the seriousness of your injuries.

• Do I Need a Medical Expert as a Witness?

When building your case, your solicitor will want to bring in a medical expert to provide a report. 

This report shows how serious the harm from the negligence was. It is not just about what happened right after the incident but also how it might affect you down the road, like if it makes it hard for you to do your job.

Plus, the expert can give their opinion on any medical procedures that were done wrong and added to your problems.

• How Long Will It Take to Settle My Claim?

Predicting exactly how long your claim will take is tough without knowing all the specifics details of your case but be ready for it to be a journey spanning month/year rather than just a few days.

Why? Well, whoever’s responsible needs time to look into your case and decide if they messed up or not. Then, your Solicitor might need to gather more evidence or work on negotiating a fair settlement. If things cannot be sorted out and it ends up in court, buckle up because that can drag things out even longer.

When you are picking a Solicitor, make sure to chat about how long this whole process might take during your first meeting. It is an important detail to consider.

• Do I Need to Face Trial?

One of the most daunting aspects of pursuing a medical negligence claim is the potential need for a trial. However, this should always be viewed as a last resort by you and your solicitor.

In practice, the majority of medical negligence claims are resolved through out-of-court settlements. 

Your solicitor will endeavour to negotiate a settlement swiftly to avoid court proceedings, which typically expedites the resolution of your claim and minimise associated costs.

 

9. What is the Timeframe for Making a Claim?

When it comes to filing a claim for medical negligence, time is crucial. Typically, you have a window of three years from when you first realise there was negligence (usually when it happened) to take your case to court.

Although three years may sound like a generous timeframe, the process of negotiating with the responsible party and considering legal action can easily stretch beyond a year. So, it is crucial not to procrastinate and seek legal advice promptly.

While there are exceptions to this time limit, such as for individuals under 18 or those lacking mental capacity, most people won’t receive an extension. Therefore, it is prudent to act swiftly and consult with a solicitor as soon as possible to explore your options.

• What Are the Expenses Involved in My Claim?

Just like predicting the duration of your claim, estimating its costs is challenging without understanding the specifics of your situation.

However, in many medical negligence cases, the worry of exorbitant expenses is alleviated. This is because numerous solicitors operate on a no-win-no-fee basis, meaning you only pay their fees if you succeed in obtaining compensation.

Moreover, your solicitor can assist you in securing an insurance policy to cover the legal expenses of the opposing party in case you do not prevail.

• How much is my claim worth?

To determine the value of your claim, it is essential to consult with an experienced medical negligence solicitor. 

Please contact Zenith Lawyers LLP to assess the possibility of your medical negligence claim and the potential compensation you may be entitled to.

Medical negligence can have long-term effects, affecting both your physical well-being and emotional state. If you suspect you’ve experienced negligent treatment from a medical professional, seeking recourse through a claim can be a crucial step towards recovery.

However, medical negligence claims isn’t always straightforward. Many individuals struggle to establish themselves as victims and gather the necessary evidence to support their case.

To prove medical negligence, thorough documentation and evidence collection is vital. Also, it’s crucial to seek help from an experienced solicitor. Here, we’ll outline key steps you or your solicitor can take to substantiate your claim and prove the medical negligence.

Determining If You’re a Victim of Negligence

When dealing with illness or injury, there’s always a chance that even with proper care, treatments might not succeed. This presents a dilemma for potential negligence victims, as the initial question revolves around whether the harm was the result from poor care or the underlying medical condition.

Before proceeding with your claim, it’s crucial to find out if what occurred qualifies as negligence. While a definitive answer typically requires consultation with a solicitor, here’s a basic overview:

– You must have been owed a duty of care by a medical professional.

– This duty must have been violated.

– As a result of the breach, you must have experienced physical and/or mental harm.

– The harm endured must have led to a loss.

How to Prove Medical Negligence:

Even if you’re certain that medical negligence occurred, the challenge lies in providing evidence to support your case in court. With this responsibility resting on your shoulders, collecting evidence effectively becomes crucial.

The evidence needed can vary depending on the details of your claim, but here are five typical types to gather:

• Collect Medical Records:

The primary step in establishing medical negligence involves gathering your medical records, typically handled by your solicitor. This process enables you to understand the initial condition necessitating treatment and assess whether the care received was appropriate.

Beyond showcasing the need for care, examining your records helps identify additional medical entries relevant to your case. While these details might not directly influence compensation amounts, they could play a role in expert assessments.

• Document Your Injuries:

Depending on the type of injury, consider taking photographs to track its progression.
A photograph is highly effective, particularly in medical negligence cases, as it eliminates the need for detailed verbal descriptions of your injury. 

These photos, along with expert opinions, can be compared to illustrate the expected outcome of your treatment versus the actual outcomes of your treatment. Additionally, you can monitor your injuries by jotting down daily notes on how they affect you. These records will help you recall the progression of your injury easily.

• Document the Impact:

It’s evident that medical negligence can profoundly affect your well-being, but it’s essential to document its impact on your daily life. 

This could include noting when you first noticed signs of potential negligent treatment and maintaining your own records of medical visits, treatments received, and advice provided.

To ensure an accurate assessment of damages for your claim, keep track of expenses incurred due to negligence. This may involve documenting costs such as travel to appointments, loss of income, expenses for private medical care or therapy, and purchases like mobility aids.

• Seek Witnesses:

In the process of gathering evidence, it’s important to find witnesses who can offer statements regarding the negligence. Witnesses who were close to the incident are preferred, such as other medical professionals present, although this may not always be feasible.

At the very least, you can provide your own statement. Additionally, statements from family and friends can offer valuable insights into the impact of negligence on your life.

• Consult Medical Professionals:

A crucial step in gathering evidence involves consulting with a medical expert who can assess your condition and provide insights into your potential recovery timeline. 

This is vital not only for determining whether medical negligence occurred but also for establishing the extent of damages you can claim. Without expert input, proving negligence in the care received can be immensely challenging, as you may lack the necessary expertise.

Your solicitor can arrange for an expert’s report, which not only strengthens your case but can also offer a sense of closure as you come to terms with the impact of negligence on your life.

Is there a time limit for making a cancer misdiagnosis claim?

If you suspect you have a medical negligence case, acting swiftly is crucial. Typically, you have a three-year window to file a claim, starting from either the date of the negligence or when you became aware of certain facts relevant to your claim.

However, there are exceptions to this time frame:

• Children who experienced negligence have until their 18th birthday plus three years.
• Individuals unable to handle their affairs due to the negligence have three years from the date they regain capacity.
• The court may extend the deadline if there’s a valid reason for the delay.

While three years may seem ample, it can quickly pass when considering the amount of evidence required for your claim.

Get more information about a missed or undiagnosed medical negligence claim

Our team of Medical Negligence Solicitors is here to assist you in obtaining the care, support, and rehabilitation necessary for managing your condition. Additionally, we’ll help you secure compensation for any financial setbacks such as lost income or pensions.

We acknowledge that pursuing legal action might feel overwhelming, especially when dealing with medical issues. However, our compassionate and helpful team is dedicated to simplifying the claims process for you.

Contact us for a Free Claims Assessment, and we can also explore the option of a No Win, No Fee arrangement.