The Steps In Filing A Medical Negligence Claim

As soon as you suspect that you’ve suffered from clinical negligence you need to talk to an attorney. The sooner you start filing a claim, the better your chances of proving that you’ve been a victim of negligence. There are many qualified attorneys that specialize in this area that can help you win your medical negligence claim.

After you’ve chosen an attorney, they will listen carefully to your complaint and decide if you have a basis for filing a claim. In the next step the attorney will send a letter of claim to any medical personnel involved in your case. The letter will inform them about your complaint and request all of your medical records pertaining to your case.

When the attorney receives your records, they will be carefully examined. Generally, a medical expert will be retained to inspect each and every procedure that was performed and determine if there is a basis for a medical negligence claim. This consulting expert should be someone that is trained and experienced in the medical field in which your injury occurred.

You will also need to undergo a medical examination and testing to determine the extent of your injuries and the future prognosis. Once all this has been completed, you case will be ready for trial. But, in many cases, insurance companies and medical personnel would rather settle out of court rather than to have the complaints heard publicly.

Compensation for Medical Negligence

Health care services are designed to look after the health and best interests of its patients. However, there are times when a patient may suffer an injury or illness as a result of medical negligence. Negligence does not imply that the wrongdoing was done on purpose, it may well have been an accident but if it leaves the patient with an injury then they may pursue a compensation claim.

In these circumstances, patients often feel angry and upset, this is understandable. There is help available to people who feel that they have a valid claim for compensation. A qualified personal injury solicitor will be able to advise patients of the best course of action to take next.

Usually the first course of action is to determine the injury or illness that has occurred as a result of the negligence. A court will require a diagnosis of the condition by a qualified medical professional. A copy of your medical records will need to be made available.

The majority of cases are settled out of court but sometimes the claim can take a very long time and a court case will have to take place. A personal injury solicitor will often work on a no win – no fee basis. This should put the claimant at ease as it means that they are not responsible for any fees should they lose the case.