Medical Negligence Claims, Solicitors in UK
Medical Negligence Claim
The UK healthcare system is famous around the world for it’s superiority and quality of care. Happily, Medical Negligence Claims are uncommon in UK due to the dexterity of our healthcare professionals.
But If, regardless, If a healthcare professionals violates obligation of supervision and patient get injured as a result of healthcare professional’s negligence than sufferer has right to get justice and compensation he deserves.
How to File Medical Negligence Claim
Medical Negligence is painful and time consuming process. It has emotional, physical and economical Impacts on sufferer . Every year, There are numerous instances of cases documented as Medical Negligence
Who do you call If you have a medical Negligence case? If a healthcare professionals has ever caused you harm as a result of medical negligence, We can help you since We handle all facts of medical negligence lawsuits.
No Win No Fee Claim…
If you can’t bear the expenses of medical negligence claim, than there is another option by which you don’t have to worry about monetary problems. And the option is No Win No Fee claim. In this claim, Fee will be charged from you only if you win the case. Unfortunately, If you lost the case than no fee will be charged from you. There are many qualified solicitors in UK, who provide this option to their clients.
Claim Now
If you or anyone near you is suffered as a result of healthcare professional’s negligence than you have right to obtain claim compensation and justice. If you want to get justice, than claim now for compensation, Our experienced and qualified solicitors will help you in this traumatic situation and work with you to obtain justice and compensation you deserve so that you can move forward to your life again.
Who am I allowed to Sue?
During claiming a case there is a question comes into the sufferer mind that Who am I allowed to sue? The answer is that it depends who made a mistake in treatment of patients and gave birth to medical negligence.
medical negligence Claim can be made against:
- National Health Service (NHS)
- Private healthcare Industry
- Hospital staff, Healthcare Professionals, Nurses, Dentists, Surgeons
Who can file a Medical Negligence Claim?
- Sufferer Himself
A person who get a injury as a result of medical negligence during a surgery, get allergic reaction of wrong medicine prescribed by healthcare professionals and may not get proper treatment and avoided by hospital staff than he can file a case against hospital staff.
- Children Family
Under 18 children can’t file a case against healthcare professionals due to their short age and immaturity while their family members can file a claim on their behalf in the court. These children can file a case by themselves when they reach to age of 18 or more.
- Dead Person
If someone died as a result of healthcare professional’s negligence, then his family members or relatives can take a legal action against healthcare professionals on behalf of the dead patient and ask for justice and possible compensation he deserves.
- Sufferer Himself
A person who get a injury as a result of medical negligence during a surgery, get allergic reaction of wrong medicine prescribed by healthcare professionals and may not get proper treatment and avoided by hospital staff than he can file a case against hospital staff.
- Children Family
Under 18 children can’t file a case against healthcare professionals due to their short age and immaturity while their family members can file a claim on their behalf in the court. These children can file a case by themselves when they reach to age of 18 or more.
- Dead Person
If someone died as a result of healthcare professional’s negligence, then his family members or relatives can take a legal action against healthcare professionals on behalf of the dead patient and ask for justice and possible compensation he deserves.
If you are filing a case against NHS, you have to write a letter of claim to tell them you are not happy with their treatment and skill. This letter may be effective in avoiding future incidents.
Letter of Claim
Letter of claim includes following information:
- Name and Home Address
- Date of Birth
- National Insurance Number
- Confirmation of Hospital
- Name of healthcare Professionals
- Date of Treatment
- Your statement against healthcare professionals
Requirements for Medical Negligence Claims
In order to prove medical negligence, first of all you have proper evidences including:
- Test Reports
- Medical evidence documentation( payment receipts, bank statements, pay stubs, Invoices)
- Witness
The basic requirement of a medical negligence claim is to prove two things
- Violation of Obligation of Supervision
- Causation
What is Violation of Obligation of Supervision
During the treatment, If the healthcare professionals don’t follow the rules of treatment and treat the patient against the supervision standards which results in serious injury or impairment and patients may be died due to misbehaviour and irresponsibility of healthcare professionals. This is named as a ‘Violation of the obligation of supervision”. A patient has to prove it during filing a claim. If a patient failed to prove it, then he will not be able to claim medical negligence.
What is Causation What is Causation
During the treatment, If the healthcare professionals violate the supervision standards and made blunders during treatment which results in wounds or pain to the patient and the patient may be died due to the blunders of professionals. The blunders and reasons due to why patients get harmed are named “Causation”. During Medical Negligence Claims, the sufferer has to prove that the professional’s negligence was the cause of his damages.
How to Calculates Medical Negligence damages
The method of calculation of damages of medical negligence claim is add up both damages including general damages(physical injury or pain , disabilites and loss of amenity) and special damages(financial loss, funeral payouts, medical expenses and savings etc.). The output will be approximate compensation you deserve. This is only a assumption for guide of medical negligence claim.
The Procedure of Medical Negligence Claim
The procedure of medical negligence includes the following steps:
- Assist a Solicitor
- Case Acceptance
- Collecting of Medical Records and Medical Evidences
- Negotiation
- Legal Representation
- Settlement
Assist Medical Negligence Solicitors
The first step to claim medical negligence is to assist best medical negligence solicitors which help the sufferer to complete all other steps(gather evidence, negotiation and acceptance) in order to win the case. He will read your case properly, notify you about the case conditions and term and conditions of claims.
Case Acceptance
Once you file a case with the assistance of solicitors, it is necessary that case must be accepted by court. If case is not accepted by the court, then you will not be able to get compensation.
Collecting of Medical Records and Medical Evidence
The next step is to gather medical records and medical evidence. The medical negligence solicitors gathers all the medical records and medical evidences(test reports, medical records, financial records) in order to prove that healthcare professional was negligent. These evidences play a vital role in getting the compensation.
Negotiation
If the litigator accepts his fault, the next step is negotiation. Solicitors Negotiates on behalf of their clients in order to get maximum compensation.
Legal Representation
If litigator doesn’t accept his fault, and. Negotiation don’t works then the next step is legal representation. It includes trials and court hearings. The solicitors will gather witnesses and evidences to present them in court during trials and hearings to get the compensation the client deserve.
During the trials judge will hear both sides witnesses arguments and see the evidences provided by the solicitors. And then he make final decision in the favor of sufferer or litigator.
Compensation
If judge makes decision in favour of sufferer, then he will awarded with compensation amount he deserves.
Funding a Medical Negligence Claim
There are several types of funding a medical negligence claim by which sufferer can pay his claim’s fee including:
- Personal Resources
- Conditional fee agreement(CFA) or no win no fee basis
- Law-Related cost Insurance
- Legal Aid, According to 2013 act, it is restricted.
Limitation Period for claiming a Medical Negligence Case
Limitation period of medical negligence claim is given below:
Sufferer
A person who is suffered from injury or pain as a result of medical negligence can claim against healthcare professionals within three years of incident happen to him.
Children
Under age child can’t claim for medical negligence. They can claim after three years of their 18th birthday. Means they can claim at age of 21.
Mental Illness’ And Spinal Injuries
The sufferer who is suffering from mental illness and spinal injurie as a result of medical negligence has no time limit for claim. He can claim until stability of his mental health.
Dead Person
If a person died as a result of medical negligence than his relatives can claim compensation on behalf of dead person within three years of incident happen to him.
Some Examples of Medical Negligence Claim
Here are few examples of medical negligence claim:
- Cancer Claims
- Dental Claims
- Appendix Claim
Cancer Claims
Cancer Claim may have many forms such as wrong diagnosis cancer(A person has regular pain but doctor diagnosis it a cancer) or late diagnosis cancer(delay in diagnosis). If such forms affects the life of sufferer than he can claims compensation within three years of incident happen to him.
Appendix Claim
In order to claim appendix, we should know about appendix.
What Is Appendix?
Between the small intestine (cecum) and large intestine (colon), there is a tiny pouch of intestinal tissue called the Appendix. About 5 to 10cm (2 to 4 inches) in length, the appendix is a tiny, thin pouch. The big intestine, where faeces are produced, is connected to it. Although its function is unknown, removing the appendix is not hazardous.
Appendicities
Appendicitis is the medical term for the painful appendix swelling. Different gastrointestinal system infections, such as viruses, bacteria, or parasites, can result in appendicitis. Another scenario is when stool gets stuck in or blocks the tube connecting your large intestine and appendix. Appendicitis can occasionally result from tumors. The appendix then swells and hurts.
Forms of Appendix Claim
Appendix Claims have many forms such as:
- Intestinal Blockage
- Inflammation-Related Infertility
- Life-threatening Sepsis
- Rupture or Perforation from delayed therapy
- Delayed diagnosis-related infection
If you or someone nears you suffered as a result of the following situations than you can claim compensation within three years of incident happening to you.
Dental Claim
If a dentist failed in given you the proper treatment and medication, which result in harm or pain to you and someone near you then you can claim compensation within three years of the accident happening to you
Types of Dental Negligence Claim
- Injury Claims
- Consent Issues
- Significant Injuries
- Deferred Diagnosis
- Improper and Low-Quality Medical care
Why should a victim hire a solicitor
Finally, you might think about getting legal counsel. When discussing your alternatives or the best course of action with a trained solicitor, you cannot make a mistake. Inaccurate knowledge of the law and how it is applied can be quite expensive in terms of costs and time spent on unsuccessful legal actions.
Therefore, hiring a solicitor who will provide you with precise guidance is preferable to trying to research the law on your own or consulting an unqualified solicitor.
FAQS
The five elements of medical negligence are:
- Violation of obligation of Supervision
- Causation
- Limitation Period
- Damages
Medical Negligence can be claimed in following steps:
- Assist Solicitors
- Case Acceptance
- Collecting of medical records and evidences
- Negotiations
- Legal Representation
- Settlements
A person can claim medical negligence within three years of incident happening to him.
The payout depends upon the severity of case that how much complicated the case is? The payout can be determine by adding both damages general and special damages. In 2019, payout given by NHS is about £8.3 billion.
