7 Things You Should Know about Medical Negligence Cases before You Claim

Medical negligence refers to any type of civil claim against a medical practitioner or care provider. Clinical negligence is a term used interchangeably with medical negligence. The term tends to be focused on claims against doctors, nurses, medical specialists and their employers. Here are seven things you should know about medical malpractice cases before you claim. We’ll also give you the information that you need to make the right decision.

You Don’t Have to Know Exactly Who

Suppose your cancer was misdiagnosed. You don’t have to know the name of the lab technician who missed the cancer cells in the screening. You only have to know the lab that made the mistake. Surgery centres often assign anaesthesiologists, nurses, and surgical technologists you’ll never meet.

 You don’t need to know which person made the mistake with the medication that left your family member in a coma or who left the surgical instrument inside of your relative. You only have to know the medical facility that made the mistake. If the claimant’s health is suffering because of a litany of errors, consult with a medical negligence law firm to determine who is liable. And yes, you can sue multiple parties if several different groups have contributed to your loved ones or your own injuries.

However, you’ll have to note that if you have little or no physical evidence of any wrongdoing, you may have difficulty winning your case. This is why you should document everything from the beginning to make sure that you have substantiated evidence once your case is tried. The kind of information you’ll need will be in the form or medical records, expert medical opinions, and notes.

Solicitors such as the Medical Negligence Experts, who work on a no win no fee basis, will also be able to access more supportive evidence on the case. For instance, they can contact the medical practitioner and ask for a case record, which will provide a clearer picture of the alleged incident.

It Doesn’t Have to be the NHS

There have been a few high-profile stories of errors committed by NHS doctors or staff shortages that put more pressure on overworked nurses to provide duties outside of their functions. In other instances, doctors failing to do X-rays to diagnose broken bones or neglecting to keep concussed patients under supervision have sparked negligence cases. For this reason, many people now associate negligence claims with the NHS.

What many don’t realise is that they can file medical negligence UK cases when the clinical negligence occurs outside of the NHS. You can file medical negligence cases against private clinics, though doing so when you sought medical care abroad is more difficult, though not impossible. You can file clinical negligence cases against optical clinics that misdiagnosed eye infections, private clinics that didn’t provide proper care, and cosmetic surgeons who made mistakes.

There Are Time Limits

In general, medical negligence claims UK permitted to go forward are filed within three years of the injury. Another standard is within three years of the discovery of the issue, such as discovering that the ongoing condition you’ve been dealing with is actually cancer. In that case, your “three-year limit” is typically based on the date you discover it is cancer. If your loved one died due to medical negligence, the estate or surviving heirs can file a medical negligence suit within three years of death. The three-year rule may be accepted if the injury occurred within three years of death, especially if it contributed to the person’s death. If a child was injured, the child of a legal and capable adult could file a claim within three years of turning age 18. Parents don’t have to wait this long to file a case on behalf of their child. For example, if your child was injured due to insufficient prenatal care or substandard care during delivery, contact the best medical negligence solicitors in the UK regardless of how old your child is.

The Specific Definition of Medical Negligence

To have a medical negligence case, the medical professional or facility must have been negligent in their care. This can occur when care was substandard, leading to a clear and understandable injury. That you waited longer for meals isn’t a basis for a case, but a family member who suffered dehydration because the staff just left meals in front of someone unable to feed themselves and ended up hospitalised as a result is a case a medical negligence.

Incorrect diagnoses that qualified professionals would have made are a common medical negligence case. Patients seeking homeopathic care that their doctor recommended against don’t have a case, whereas a practitioner who recommends unusual methods that fail to work may be sued. In short, the treatment or lack of treatment that caused the damage is the basis of the medical negligence claim.

Note that if a medical negligence case turns into a different category of personal injury, your attorney can still assist you.

The Importance of the Right Type of Legal Advice

Not all medical negligence lawyers handle personal injury cases. Even fewer have the education and network of expert advisors to win most of their medical negligence cases. If you are considering filing a medical negligence case, contact the best medical negligence solicitors in your area. They will not only know whether you have a valid case, but they should know which medical opinions and expert advice are necessary to maximize your odds of winning in court. They should have a clear track record of some of the cases they have won and a reputation for winning cases.

It Doesn’t Have to Go to Trial

Legal shows on television make it seem like everything goes to trial. In reality, most medical negligence cases are settled well before they go to trial. This remains a possibility, but it isn’t always necessary. Don’t let fear of a trial dissuade you from seeking legal advice since medical negligence solicitors will handle almost everything during the trial if it comes to that.

Funding Methods Have Changed

Legal aid is now almost impossible to get for medical negligence claims. The funding model has shifted to conditional fee agreements. This is called the “no win, no fee” model. If you win your case, you pay a modest proportion of the settlement to the lawyer. If you don’t win the case, you don’t have to pay. Private funding of the lawyer is also an option, though it is not often used.

Conclusion

Please remember these facts if you’re thinking of filing a medical negligence claim. Remember that you don’t have to know exactly who is to blame if you have a medical negligence case. You can file a medical negligence claim against the NHS as well as private healthcare providers and there are time limits for most medical negligence claims.

Medical negligence has a specific definition, though medical negligence lawyers can still handle a case if it turns into another type of personal injury case. However, your odds of winning a clinical negligence case are highest if you have experts in the field on your side, whether or not it goes to trial. Also note that funding methods have evolved over time, but you shouldn’t let concerns about cost prevent you from seeking advice.

 

 

 

Thank you for taking the time to leave a comment, a virtual cup of tea and slice of cake awaits you x

This site uses Akismet to reduce spam. Learn how your comment data is processed.