7 Things You Must Know Before Filing Your Medical Negligence Claim in Britain
There is no doubt that the healthcare industry is the fastest growing industry on the market right now. The NHS as well as private medical institutions provide treatments to millions of patients every month. The mounting demand for better healthcare services leads to one inevitable outcome: an increase in the number of medical negligence cases due to various reasons.
In most cases of medical negligence, you have the right to file for a compensation claim. The option is there for you to use, even though you shouldn’t jump the gun and sue for the slightest issue with the healthcare service or treatment. Before you file your medical negligence claim, there are also some important things to understand first.
You Don’t Have to File Your Claim Right Away
According to the best medical negligence solicitors, there is no need to file for a medical negligence claim right away. According to the negligence law in this country, you have up to three years to file a claim depending on the case you are dealing with.
While you are not required to file your claim immediately, filing as soon as possible is still recommended. Medical malpractice is a tricky incident to handle and you may find it difficult to secure the necessary evidence and supporting documents when the case is already cold.
Still, according to top medical negligence solicitors, it is also better to secure the assistance of an experienced lawyer in this field as early as possible. This way, you know you have the best legal representation while you focus more on recovering from the malpractice and getting the suitable treatments as necessary.
Not All Claimants Need to Attend Court Hearings
The NHS has its own Litigation Authority, whose sole purpose is to look at medical negligence claims and decide how to proceed. The NHS Litigation Authority spent more than £1.5 billion in 2015 to settle negligence claims both in and out of court; that’s the important thing to remember.
Not all medical negligence claims will be processed in court. When you have strong legal standings and supporting evidence for your case, you may be contacted by the Litigation Authority to discuss an out-of-court settlement. This is simply because the costs of going to court are too expensive for smaller claims.
While settlements for many medical negligence claims the UK has seen are made out of the court, you still need the help of medical negligence lawyers when your claim receives the same treatment. The presence of a medical negligence UK firm or solicitor will help strengthen your position, allowing you to get the compensation you deserve and not a penny less.
Your Health Comes First
There is another important note to remember before you file a medical negligence claim, and that is you have to put your health first. There have been cases where the victims’ failure to secure proper treatment resulted in their claims being denied or their compensations substantially reduced. Under any circumstance, you must put your safety and health first.
Once again, having a lawyer helping you with the claim is a huge plus. Experts such as solicitors from The Medical Negligence Experts can often be contacted for free, if their firm offers a free advice line or an initial consultation. This is an important resource to take advantage of, as it’s highly recommend to get a second opinion from a professional injury or medical negligence lawyer. At the same time, the lawyers helping you with the claim will document every step you take and secure supporting documents as they see fit.
It Doesn’t Cost Anything
One big misconception surrounding medical negligence claims is preventing many victims from filing theirs. The misconception I’m talking about is one that says medical negligence claims are expensive. In reality, you may not have to spend any money to get the compensation you deserve.
For starters, top medical negligence solicitors will not charge you for their services. Instead, they bill the NHS – or any private medical institution you’re suing – if you win the claim. You may still need to cover certain costs – the cost of travel and getting treatments for your injuries are among them – but they are very manageable.
There are even financing options to help you file for a medical negligence claim, but the option must be seen as a last resort. The last thing you want is add stress to your personal finance when you are suffering from injuries and struggling to deal with everyday expenses as it is.
Medical Malpractice Covers a Lot of Things
If you are not sure whether the situation you face is covered by the negligence law, the easiest way to check is consulting a solicitor. Most experts in this field are more than happy to listen to your case and do a free review, no strings attached. You may even get great legal advices that you can act on depending on the situation you are in.
It is also worth noting that the medical negligence law covers a lot of things. General negligence, surgical negligence, dental negligence, and misdiagnosis are the common types of medical negligence cases seen today. Other than these common ones, you can also file a claim for birth injuries, negligence in cosmetic procedures, and even lack of consent claims.
Instead of worrying whether your situation is covered by the negligence law, it is better to secure the necessary evidence and supporting documents for your claim. Building a strong case is not as easy when you also have to deal with the aftermath of the negligence. Don’t forget that you can get help at any point.
It’s Something You Want to Face Together
Dealing with the procedures in a medical negligence case can be very tiring. You need all the support you can get to stay positive about things. The better you feel about yourself, the higher the chances of following through with the claim and getting the compensation you deserve.
Your partner, close relatives, and your best friends are the best people to surround yourself with. Make sure you have someone that can represent you and make decisions, especially when you need to get serious treatments as a result of the negligence.
Find a solicitor you are comfortable with too. The more comfortable you are with the medical negligence solicitors, the easier it will be to work on the claim. Be sure to maintain good communication and always be in the loop to keep track of the claim’s progress.
Know the Evidence
One last thing to understand about a medical negligence claim is the evidence you need to support your claim. Depending on your specific situation and details about it, you need to gather testimonials, documents, and other supporting materials; alternatively, you can have your lawyer helping you with evidence-gathering.
The evidence and supporting documents usually include medical records and supporting lab or scan results, witness statements, the medical codes of practice as reference, and expert medical opinions. The medical treatments you get after the negligence will also be documented. I know these documents sound complicated, but you have a solicitor handling everything for you.
Remember that only a handful of medical negligence claims end up in court. Now that you know the important facts about filing your own medical negligence claim, you are better-prepared for when you need to pull the trigger on your claim and get compensated for injuries caused by medical negligence.