Every year, more than ten thousand claims of medical negligence are filed in the UK, against both the NHS and individual practitioners. Medical negligence law exists to protect those who are placed into the care of medical practitioners against malpractice.
What is Medical Negligence?
Medical negligence refers to a lack of due care on the part of those providing medical care. If your doctor fails to prescribe the appropriate treatment, or you’re mistakenly administered the wrong drugs, or you’ve been misdiagnosed, then you have been the victim of medical negligence.
For a claimant to be successful, they must demonstrate that the care they received fell below a reasonable standard, and that they suffered adverse health effects as a result. Meeting these requirements is often difficult, and thus you’ll need a clear cut case in order for it to be successful. It can be difficult for a layperson to determine whether their case has merit, and that’s where the advice of competent, specialist medical negligence solicitors comes in. They’ll have dealt with hundreds of cases like yours, and thus they’ll be able to recognise the hallmarks of a successful case.
To maximise your chances of success, you’ll want to keep records of every stage of your case, including prescription slips and written correspondence. Medical professionals will also need to be called upon to provide their expert opinion. This is one of the advantages of seeking the help of a specialist solicitor – they will have access to the expertise required, and thus they’ll be able to maximise your chance of success.
What are the time limits?
Once the patient becomes aware of the problem, they typically have three years to lodge a claim. There are, however, exceptions. If the patient is under eighteen, or lacks the mental capacity to make a claim, a judge might elect to grant an extension.
The process of taking a claim of this sort to trial can often be a longwinded one. At the earliest, it might take eighteen months – but in some more complex cases, where the defendant is unwilling to budge, it can take several years.
Do I need to go to court?
The overwhelming majority of medical negligence claims are settled out of court, though the circumstances of your case will determine whether your attendance is required. Your solicitor will be able to guide you through the process, and advise as to how likely this might be.
Can I afford it?
The easiest way to protect yourself against financial hardship while making a claim is to proceed on a no-win, no-fee basis. That way, if your claim is unsuccessful, then your solicitor will fit the bill for any costs. Contact professional negligence lawyers at Wilson Browne for more information.
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