Medical Negligence

Medical Negligence Claims Explained

Medical Negligence claims are based around two separate things; firstly that there was fault on the end of the healthcare professional in that they did not carry out their responsibilities correctly and secondly that there was avoidable harm in that as a result of this failure you are now in a position where you have been harmed. The ‘Fault’ refers to the idea that their duty as a medical professional has not been carried out and that you have not been treated or cared for in a way you expected. ‘Avoidable Harm’ which is often referred to as causation means that as opposed to any ailments of your own, the failed care has been the factor which has caused you harm.

Medical Negligence

As with most legal cases, there is a time constraint and with medical and clinical negligence cases you are allowed to file a claim within three years from the date of your injury or from the date where it became known that your injury/harm was as a result of the medical or clinical negligence. The earlier you begin taking steps to start a claim and contact a solicitor, the easier it will be for them to collect all the necessary evidence and investigate your case in its entirety. Some of the evidence such as memory is somewhat time sensitive as the longer you leave it without recording the details, the less reliable it becomes and the harder it become to present in a case.

In terms of preparing to make a claim, your appointed solicitor will want to understand every aspect of what has happened to you and the affect it has subsequently had on your life. If you have had to take time off work, have been unable to return to work, have been unable to have full mobility or even look after yourself, your solicitor will want to know. Once this is understood then they will be able to make sure that you are receiving all of the compensation you will need for the future. At this point they will then look to collect statements of the event, medical records as well as a wide range of evidential materials to aid your case.

Most of these cases are settled outside of court as in terms of medical negligence generally the medical company will want to keep it as quiet as possible. If however you find that you do have to go to court, we will be with you every step of the way to ensure that you are completely mentally prepared.