What is the best process for making a medical negligence claim?
Making a medical negligence claim might seem difficult, especially as a lot of people are unlikely to have done it previously.
Therefore, the purpose of this blog is to give a quick overview of the procedure, from initially contacting our firm to getting a successful outcome.
Medical Negligence Claim Process
Initial interaction
The first thing you should do is to get in touch with us and briefly explain why you believe you might be able to make a claim. The next step is for one of our specialists to determine whether you have enough time to file a claim, if there are reasonable chances of success, and, if so, the claim’s potential worth. You can call us at 0141 881 8795 or send an enquiry online.
Funding
You will be informed of your funding choices if we decide that the claim justifies further enquiry. Legal aid is only available for a very specific category of cases. Some clients may already have legal protection included with insurance products (like home insurance). However, “no win, no fee” contracts are typically the most popular type. This arrangement eliminates the financial risks connected with filing a claim for medical negligence compensation. We will explain the details of this arrangement and how they connect to your claim.
Getting the Records
The next thing we need to do is get a full set of your medical records. These will be examined by a team member who is a lawyer and an on-staff nurse. After reviewing your claim, if we believe it has a strong chance of succeeding, we will let the defendant know and encourage them to make an early admission.
Instructing a medical professional
Two tests must be established for a medical negligence claim to succeed. We must first demonstrate that the care you received—or did not receive—was unreasonable (a breach of duty). Then, we must demonstrate that harm has actually been inflicted (causation) as a result. Independent medical experts will be given instructions to write reports to aid in the establishment of these two tests. Only topics related to their particular specialisation are up for discussion by experts. For instance, a doctor can only remark on other doctors’ actions. As a result, several reports will frequently be needed. Additionally, it’s probable that an expert may need to evaluate you in order to make a judgement about how you’re likely to recuperate in the future. When determining a claim’s value, this information is very crucial.
Valuing a claim
We can begin evaluating the worth of your claim once we have gotten expert testimony that is favourable on the subject of duty breach and causation. Both your out-of-pocket expenses (special damages) and your pain and suffering (general damages) must be taken into account when determining the value of your claim.
2 categories of Compensation:
- General Damages – This is compensation for your pain, suffering, and lost quality of life as a result of the damage. The Judicial Studies Board Guidelines in relation to compensation awards for comparable situations in the past will determine your compensation award.
- Special Damages – This is a guide to compensation for monetary damages brought on by medical negligence. This could involve travel costs, medical costs, and lost wages.
Introducing a defendant to the case
We will be able to bring a claim to a defendant(s) in a letter of claim once we have collected the required supporting expert proof. This document highlights our claims and provides enough information for the defendant to assess a claim. The defendant will then have four months to conduct their own research, get their own findings, and decide whether to contest or concede the claim in a letter of response.
Negotiation
If the defendant admits, settlement talks will be pursued as the following action. In higher-value cases, proposals might be made in writing, or the parties might meet to try to reach an agreement on fair compensation. The independent medical experts will need to take into account the letter of response if the defendant denies any misconduct in order to determine if they still support your claim.
Initiate Court proceedings
It could be vital to involve the court if a settlement cannot be achieved (either because the parties’ valuations differ significantly or because the defendant opposes a claim). A conference with the experts and the barrister may be scheduled to test the evidence. A barrister will frequently be asked to provide a second opinion. Court proceedings will be initiated if we continue to be confident that the evidence withstands investigation.
Court Schedule
A trial is not always guaranteed after a claim is filed in court. In actuality, the vast majority of claims never reach that point. The court will instead establish a schedule to aid in encouraging resolution. The schedule will include instructions like exchanging expert testimony, statements from the people involved in your care and recovery (like you and the pertinent doctors and nurses), and even setting a date for your experts to consult with the defendant’s experts to resolve any areas of disagreement. If the parties are still unable to come to an agreement, a judge will have to decide the legitimacy and worth of a claim at a final trial. The trial will typically begin between 18 and 24 months after the proceedings have begun.
Claims can last a long time; the typical claim lasts for several years. However, you will be informed of the following actions and the anticipated times to attain that aim at every stage of the process. Throughout the course of your claim, your expert solicitor will be more than ready to address any worries or questions you may have.
Do not hesitate to contact our legal team if you think you may have a valid case for a medical negligence claim. You should get in touch with us right away because there is a fixed deadline for filing a claim for medical negligence. You can contact us at your convenience by calling us at 0141 881 8795.
