People often go to the hospital when they are already in distress. When, however, instead of comfort and relief, the hospital worsens the situation due to medical negligence or incompetence it’s obviously time to seek competent legal counsel.

Before you make a medical negligence claim it is advised that you take some time to assess the situation and understand the salient issues, especially if you don’t have any prior experience with the current situation regarding medical negligence claims UK.

What is Medical Negligence?

The legal standards currently in place regarding medical negligence state that in order for a claim to qualify as valid the claimant or the representing solicitor should be able to prove in court that the medical care provided to the grieving party was below minimum levels of competency expected from certified medical practitioners or institutions.

Establishing causation is the next step, which means the lawyer must establish the wrong or neglectful treatment as the cause of the misfortune and suffering which was experienced or is currently being experienced. The objective is always to receive an adequate monetary compensation from either the NHS or the concerned private institution for the claiming party’s economic and emotional damages.

There are Time Limits

The general rule is a claim must be made within three years of the date on which the effects of medical malpractice were first realised by the claiming party. There are a few exceptions to this time limit as follows.

• If the patient was underage at the time, then the three-year time limit will not be applicable

• Mental illness can also be established as a valid reason to disregard the three-year limit

• Under rare circumstances, the judge may make an exception, but that is not something which can be or should be counted upon while making a claim

You Really Do Need a Medical Negligence Solicitor

Unless you are a lawyer experienced in medical negligence it is highly recommended that you seek legal counsel from professional medical negligence solicitors as soon as you can. Do not approach authorities without consulting a lawyer because that may impair your chances of landing a successful claim or could potentially lower the value of the compensation that you truly deserve. The best medical negligence solicitors (e.g. The Medical Negligence Experts) have a strict UK-wide “no win, no fee” policy, as well as a public advice line. This means that if you win, you will have to pay them a small percentage of your compensation as a fee for their legal counsel and representation. But if by chance you don’t win they won’t charge anything at all.

Going to Trial May Not be Necessary

It is more common to see the defendant’s lawyer approach you and your legal representative with an offer for settlement than the defending party going to trial. The stronger your case is, the higher are your chances of getting a deserving compensation without ever having to go to trial. Also, if the settlement offer isn’t good enough, you can most certainly consult with your lawyers and present an offer of your own. Nevertheless, you should always be prepared to go to trial if the offer isn’t good enough, or in the event that the defending party decides to contest your claim in court.

Private Healthcare Institutions Can be Sued Too

The NHS pays out millions of pounds in compensation to grieving claimants of medical negligence each year, but the private sector is not immune to the clinical negligence laws of the country either. Which means that if you have suffered due to medical malpractice in a private institution, you can claim for compensation from them just the same. The process will vary a bit, but the laws are there to aid your cause and alleviate your suffering in either case. Also, keep in mind that dentists, cosmetic surgeons or any other field of healthcare aren’t exempt from the laws that govern the medical negligence claims in UK.

Save All Records

As is the situation with all things legal, your solicitor will need proof to establish medical negligence as the causation for your misfortune and suffering, so do not lose anything that might help in doing so. Save all your medical records, test results, prescriptions, bills, etc., even if it seems useless then. If you have enough documented proof to send them copies, it is more likely that the defendant will take a step back and agree to your settlement offers rather than going to trial.

It May Take Time

While a fast settlement is quite possible, it may not always happen. There are way too many variables here to predict how much time it would take for your claim to go through without knowing all the details, but it can take anything from eighteen months to three years in most situations. On the other hand, dental negligence claims are solved much faster because they usually take less than a year. This is why it is best to discuss the expected time with your lawyers before you decide to go ahead with the lawsuit.

Medical Witnesses or Second Opinions are Necessary

We have already discussed what constitutes as medical negligence, but how will you prove that the medical treatment provided to you was below par or incompetent enough to cause you damage as a result? You can only prove it if there are professionals who agree that the treatment administered can indeed be considered as medical malpractice – and that’s exactly why you need medical witnesses to back up your claim and prove that breach of duty was really at play in this case. Some medical negligence lawyers also have connections that can help the claimant receive medical treatment in case the resulting condition is still bothering the client. These in-between medical support systems can act as the medical witness or second opinion, which you need to give more credence to your claim.

Now that you know more about medical negligence UK, any decision that you take from this moment onwards will automatically be more informed than before. However, these are only general guidelines for claimants to follow, but in order to receive specific guidance that’s relevant to your particular case, contact a medical negligence solicitor.

Communication with your lawyer is important, so it is suggested that you ask how you are going to stay in touch with the lawyer or the agency once the lawsuit is filed. It is better if they have a dedicated number for their clients to use to check in for updates about the case and for requesting professional advice and guidance, just like the free helpline that The Medical Negligence Claim Experts have for clients both old and new.

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