Medical negligence is when you suffer poor medical treatment below a standard which no other doctor would provide.
It can happen to anyone at any time. You can get health-damaging negligent treatment at your GPs, the hospital, the pharmacy, indeed anywhere you get medical service.
Medical negligence will cost you in terms of time off work, treatment to recover, and in pain and extra suffering.
If you have suffered from poor medical treatment, you are entitled to file a medical negligence claim.
You may be shocked when you realise you suffered medical negligence but a compensation claim is the only way to right the wrong.
There is a procedure to starting a medical negligence claim and in getting the compensation you deserve.
Let’s take a look at how to start a medical negligence claim.
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What is medical negligence?
You suffer medical negligence when you receive below-expected care from a medical professional. The low standard of care impacts your health. It can slow your recovery, even make you ill or cause more suffering and pain. The thing about medical negligence is that it is avoidable – little comfort for you when off work or needing hospital care.
Medical negligence can be:
There are many more examples of medical negligence, and you can experience it in any medical setting and from any medical professional.
The important takeaway is to realise you’ve suffered medical negligence and to take further action.
How to start a medical negligence claim?
To start a medical negligence claim you should contact a qualified, experienced and top-quality medical negligence solicitor firm. They will take over and guide you through the process. A high quality expert firm will have medically and legally qualified members on their teams as well as nurses.
The Medical Negligence Team puts your case first, and we use our experience and expertise to get you all the compensation you deserve.
We will take you through the steps to making a successful medical negligence compensation claim.
Step one: A consultation with your solicitor
A consultation with your solicitor is the first step in every medical negligence case. It is the only way to see if you have a valid compensation claim. Our team will go through the details of your medical negligence claim and request access to your medical records, with your permission, of course.
The solicitors will go through your notes and medical records and pinpoint exactly where they see the medical negligence taking place.
Armed with your notes, medical records our solicitors will put together your medical negligence claim.
If The Medical Negligence Team believes you have a strong case, we will advise you on making a compensation claim and move to the next step of submitting a letter of claim to the negligent party.
Step two: Contacting the medical professional responsible for negligence
The next step is for your solicitor to contact the medical professional responsible for your negligent medical treatment. The Medical Negligence Team will send a letter of claim to NHS Resolution if a hospital or GP is responsible. If a pharmacy made the mistake the letter of claim will be sent to the pharmacy who will then send it on to their insurers.
Most doctors and medical professionals are employed by the NHS, and where this is the case, the NHS will handle the compensation claim. Many claims settle when the negligent party is notified of the claim without the need to go to issue court proceedings or the need to go to court itself.
Where the medical negligence took place in a private hospital or clinic, the case will start with individual doctor who will have their own insurance unless the private clinic was undertaking work for the NHS such as choose and book.
When they make contact, The Medical Negligence Team will outline your case and what they expect of the compensation claim. Your claim will either be settled quickly or if liability is disputed court proceedings may need to be issued if the negligent party denies liability.
Step three: Going to court with your medical negligence claim
Going to court with your medical negligence claim is the next step in the process if the negligent party denies liability or their offer of compensation is too low.
Compensation claims which go to court may take longer to reach a conclusion. Often the hospital or medical professional hope that by taking the court option, you will lose heart.
Going to court may be necessary, and with The Medical Negligence Team at your side, you should not worry about the outcome.
In many cases, discussions will be ongoing between both sides. Going to court will cost the hospital or doctor in both money and bad publicity. Medical negligence compensation claims can take longer if they go to court but are worth fighting.
How long do medical negligence claims take to process?
A medical negligence claims compensation case can take from six months months to two years. Pharmacy negligence claims tend to settle in around four months. Timelines depend on if the claim is contested (liability denied) and how complex your claim is. A case can only be settled when your medical outcome is known so the future care requirements can be accurately calculated.
An expert medical negligence solicitor firm will have the ability to process your medical negligence claim quickly. They should, like the Medical Negligence Team, have the in-house expertise to send a letter of claim to the negligent party asking them to admit they were negligent as soon as your medical records are received.
If a medical negligence case is not contested, it can be sorted quickly, often between six and twelve months as long as your medical condition is stable and your future condition and prognosis is known.
If liability cannot be agreed or your medical negligence solicitor thinks the negligent party is under-valuing your claim then your solicitor will issue court proceedings which can take up to two years if the case goes to trial.
Less than 0.5% of medical negligence cases go the full distance to trial. Around 75% of cases where proceedings are issued result in compensation being received so issuing proceedings is not a bad thing. It is sometimes a necessary step to make sure the other side knows that you are serious and that you are prepared to hold out for a full and fair valuation of your claim.
The fact that injured parties win three out of four cases where proceedings is a very positive statistic if court proceedings do need to be issued.
Is there a time limit on making a medical negligence claim?
There is a three-year limit to making a medical negligence compensation claim if you are an adult. The three-year limit does not mean the case needs to be completed in that time but court proceedings would have to be started within three years of the negligent event or your date of knowledge of the facts giving rise to the claim.
Persons under a disability (who lack capacity) are not subject to any limitation period. Children not under a disability will typically have until the day before they reach 21 to start court proceedings.
For example if you had surgery to remove your gallbladder and woke up from the operation to be told something went wrong you would have three years from the date of the operation (less one day) to issue court proceedings.
If a doctor made a mistake by not referring you for cancer and two years later you find out that you have cancer and connect that the doctor made a mistake back then, then the date of the cancer diagnosis would be your date of knowledge and where the three year time limit would run from.
Time limits for children are that proceedings would need to be issued before their twenty-first birthday.
Where someone has a disability and does not have capacity such as a brain injury where they are unable to manage their own affairs then they would not be subject to the three year time limit. Having a mental health diagnosis would not mean that there is a lack of capacity to bring a claim and the three year time limit would still apply.
How do I claim medical negligence for someone under 18?
You claim medical negligence for a child under 18 by contacting a solicitor. Anyone aged under-18 cannot file a compensation claim. An adult, such as a parent, usually files a medical negligence claim on behalf of the child. The three-year time limit for claiming medical negligence in the case of a child only begins when they turn 18.
The different time constraints do not mean you leave a case until the child turns 18. It is best to begin all medical negligence cases as soon as possible. Fresh evidence is always better than that only investigated many years later. Children grow, and the medical damage may not be as obvious after a few years.
If you suspect a child was the victim of medical negligence, you should immediately contact a medical negligence solicitor.
The Medical Negligence Team will take on your child’s case and put it together from notes, experience and any medical records. Remember, a child’s medical negligence does not have to happen with a paediatrician but any medical professional such as a GP, pharmacy or mental health practitioner.
Keep all receipts
Keep all receipts as you should not be out of pocket for taking your medical negligence claim. Any receipts should be kept safe and will be part of the final compensation claim amount. It will surprise you how much money you will have to spend just to prove your negligence case is valid in the first place.
Keep all receipts such as doctor’s bills, hospital visits, extra medicines, transport costs, meals and any specific treatments. You are not responsible for the medical negligence, and all expenses must be repaid.
No Win No Fee policy
A medical negligence solicitor should operate a No Win No Fee policy. Under these guidelines, the solicitors will not charge you a fee if you do not win the case.
At The Medical Negligence Team we operate a No Win No Fee policy as well as a 100% Compensation Guarantee, where all the money owed to you is paid directly to you. The compensation claim is to right the wrong done to you, and you deserve every penny of it.
We have a very successful history of fighting claims, and all our clients are properly compensated.
Make a medical negligence claim today!
The Medical Negligence Team knows exactly how to fight and win your case. We take you from start to finish with as little bother as possible. Not every medical negligence case is straightforward, but our experience will get you over the line.
Our No Win No Fee policy guarantees you will not be hit with any unexpected bills. We also have a 100% Compensation Guarantee which puts all the claim money straight into your pocket. Contact Medical Negligence Team today for all your medical negligence needs.
