The healthcare system, although helpful, is not free from flaws. In fact, according to the NHS, more than £1.63 billion in medical negligence damages was paid out in 2017-18. This large number depicts that numerous faults are still present in the healthcare system. Considering the statistics of medical negligence cases, it is possible that you, or someone you care about, can become a victim of medical negligence.
Taking this into account, it is essential to keep yourself educated on medical negligence claims. If you wish to learn more about the process, the ensuing guide can help you.
- Medical Negligence- What is it?
Medical negligence claims are submitted, when a patient is a victim of medical malpractice, which was conducted by the doctor, staff member, the hospital or all three parties. These cases are taken to court for compensation, as a result of the act(s) of negligence that may have occurred within the duration of the medical care. In order to submit the claim, the victim is required to provide evidence of the malpractice.
- The window for pursuing the cases
The victims of medical negligence are provided with a time frame, in which they can submit the claims. Typically, the time allotted for this period is three years from the day the patient became aware of the problem. However, the time period can waiver in special cases, for instance, if the victim was minor and unaware of the issue. If the time frame for making a claim has expired, you can set up a consultation session with medical negligence solicitors in Scotland to discuss the details of your case. If you have strong reasons for not pursuing the case earlier, the solicitor can make an appeal to the judge to consider your case.
- The need for a medical negligence solicitor
A medical negligence solicitor plays an important role in demonstrating the authenticity of the case. These individuals can collect evidence, take a statement from the witnesses and submit the claims on your behalf. However, when you hire a solicitor, make sure that the individual has experience in the field of submitting medical negligence claims. Moreover, it can also be beneficial to set up a consultation session to learn about their experience, as well as their expertise. At this stage, you can make a request for transparency to remain informed throughout the process.
- Preparing for a potential trial
It is extremely rare for medical negligence claims to go as far as a trial. The majority of these claims are settled before the need of a full trial is considered. Typically, the defence takes the first step of offering a financial settlement. With that said, it is still important to prepare yourself for the possibility of going to court. The likelihood of your case going to trial depends on the severity of the case, as well as the cordiality demonstrated by the defendant.
- The cost of the claim
Most people refrain from making medical negligence claims, as they fear the high costs associated with the process. However, if you seek assistance from a solicitor that practises a No Win No Fee policy, you can be liberated from paying the legal fee- unless you win the case. The No Win No Fee policy, or the CFA is a contract which encourages you to pursue your medical negligence claims, without having to worry about losing additional money. This way, if your case is successful, you can pay the solicitor from the settlement amount.
- The party at fault
Another common misconception, regarding the medical negligence claims, is that only the malpractice carried out by NHS doctors is compensated for. On the contrary, you can seek compensation for the negligence or inappropriate actions of the hospital staff, which can include nurses, cosmetic surgeons, dentists, and any individual hired by the institution.
- The need for evidence
If you want your medical negligence claim to be successful, it is essential to find proof that supports your statements. To collect this information, your solicitor can talk to witnesses, review the CCTV footage, medical files or find other means to support the claim. Without credible evidence, your case is not given proper consideration.
- The need for medical witnesses
Depending on the nature of the case, medical witnesses would be required to provide testimony to support or deny the authenticity of the claim. These professionals are hired by solicitors to establish a causal relationship between the medical negligence and the damage you have suffered. However, in case the medical witness is brought out by the defendant, your solicitor can train you to respond to their intensive questioning. This way, you can avoid saying anything to compromise the legitimacy of the case.
You can submit a medical negligence claim by taking assistance from a professional solicitor. The medical negligence solicitors in Scotland can contact the relevant authorities, and guide you on the steps you can take throughout the entire process.
