What To Expect When Making A Medical Negligence Claim With Personal Injury Solicitors
5th September 2013
While the experts at Clearwater Solicitors can help you make a medical negligence compensation claim, you might want to find out what you will have to do and the processes you will have to go through.
Keep these steps in mind, and you will be well-prepared for your clinical negligence claim.
1- Make a complaint
You must first make a complaint with the healthcare provider or organisation that treated you. You must mark it as a complaint, and ensure you note down all relevant details to the incident in a concise way. Speak with Clearwater Solicitors if you are unsure what to do.
2- If the clinical negligence caused injuries or financial losses, talk to experienced medical negligence solicitors
You will need to speak with solicitors if you are to be compensated for your injuries and recover your losses.
3- Recover your medical records
Clearwater Solicitors can recover your records, but you are legally entitled to see these records in most circumstances. A fee of under £50 may apply.
4- Write down the circumstances of your case
Your solicitors will help you to do so. You will need to write down what happened, what you were told, who treated you and any other information that relates to the incident. The information you provide will be used to assess your claim and determine your likelihood of success.
Making A Clinical Negligence Injury Claim
A statute of limitations applies to medical negligence claims – for competent adults, claims must be made within three years of the date you realised you were the victim of clinical negligence. People under 18 have until their 21st birthday, while the three-year statute of limitations for people with mental health problems who are unable to handle their own affairs begins on the date they regain competency. In exceptional circumstances, courts can extend the statute of limitations.
There is a range of funding options for clinical negligence claims. Clearwater Solicitors can put you in touch with a no win no fee medical negligence solicitor, legal aid is an option in some cases, unions can fund legal representation for personal injury claims, and some insurance products also offer legal cover.
The overwhelming majority of healthcare practitioners in the UK are legally obliged to have insurance policies to cover them in the event of medical negligence claims. This means that doctors can carry on working and that healthcare facilities do not struggle with compensation payments. If you do not feel that the person who treated you negligently is fit to continue practicing, you can complain to the General Medical Council or other organisations. Your claims will be looked into, and if an individual or organisation is found to be putting the public at risk, these authorities can place sanctions or remove people from medical registers so they are no longer able to practice in the UK.
If you have any questions, don’t hesitate to contact our specialist clinical negligence team for more information or advice.