The Process of Making A Medical Negligence Claim

If you’ve suffered from medical negligence, it can be a stressful time. Making a claim can seem like a daunting task to add to your troubles, but it doesn’t have to overwhelm you. Below, we explore the process of making a medical negligence claim.

Who can you claim against?

Claims can be brought against multiple different parties. Essentially, it’s anyone who owes you a duty of care. This could be a hands-on professional such as a doctor, surgeon or dentist. However, you can also make a hospital negligence claim against a hospital trust too.

Identifying a claim

To identify a claim, it’s best to start by working out whether you have a chance of winning compensation. To win your case you’ll need to prove two conditions. The first is liability: this refers to a medical professional treating you in a way that no responsible professional would. Causation is the other condition. For this, you need to prove that any harm caused to you was a result of negligent behaviour. If your situation meets these two conditions, then it could be worth contacting a solicitor to make a claim.

Who do you approach?

If you’re unsure how to proceed, it’s best to start by contacting the professional or hospital that treated you. If discussions don’t proceed anywhere, you should then consider speaking to a legal professional who can help you fight for the compensation you deserve. Medical negligence cases can be complex to get to grips with and, if you’re in doubt, working with experienced professionals can make life easier for you.

Information you need

You’ll need the appropriate evidence to be able to prove your case too. This will mainly be centred around medical records. X-rays and doctors notes will be crucial, but you might also need to have an evaluation from a professional to determine the extent of any long-term damage.

Time sensitivity

There’s a time limit for cases that you should be aware of too. Usually, it’s a limit of three years to make a claim following your injury, diagnosis or symptoms. If brain damage has been incurred, then there is no time limit. The time limit for children also only starts at the age of 18.

Medical negligence claims are easier to work through once you know what to expect. After you’ve identified your claim, you just need to get in touch with legal professionals and you should be all set.

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