posted on 28 11,2017 / 11:41 am
Many use the term “medical negligence” synonymously with “medical malpractice”. It is an act or omission by a medical professional that deviates from the accepted medical standard of care. When this occurs you may be able to make a medical negligence claim and perhaps receive clinical negligence compensation.
Every motorist owes a duty to other road users to take reasonable care. Similarly, health professionals are also under a common law duty. This is specifically to take reasonable care of the safety and wellbeing of their patients. Breaches of that duty may give rise to claims for damages.
If you believe that you have suffered as a result of negligence, you have the right to lay a claim. You can make it against a nurse, member of staff, dentist, GP or healthcare institution. In some cases, the individual medical practitioner may be solely responsible. For instance, he or she could have used the incorrect implementation out of ignorance or carelessness. Conversely, the hospital could be solely responsible. This could be because it failed to provide the necessary and adequate equipment for the treatment.
The first step in pursuing a legal case is for you to make a complaint to the institution or individual you believe is at fault. Whilst such a complaint will not result in compensation; with it, you can provide valuable evidence.
Proving a medical negligence claim can be difficult and not seeking expert legal advice may, therefore, decrease your chances of receiving clinical negligence compensation. As each case is unique, your solicitor will offer his or her experience on the most appropriate routes to take, the needed evidence as well as how much clinical negligence compensation you may expect and more.
You will typically have a three-year time limit in which to make a claim for clinical negligence compensation.
The NHS, however, sets a time limit of twelve months for a complaint to be dealt with. Private facilities may sometimes offer varying time constraints. In general though, the sooner you complain about the negligent treatment, the better.
A No Win No Fee agreement (CFA), is designed to ease worries about paying legal fees.
These no win no fee agreements mean that a successful claim points to your opponent covering most of the fees. If your case is unsuccessful, you pay nothing.
When looking to pursue a medical negligence claim, it is imperative that you get legal support from an entirely suitable firm. These cases are usually complex. This is because solicitors have to provide clear evidence of substandard medical care, so it is wise to select a team of solicitors with the right legal knowledge and experience in handling medical negligence claims.
At Legit Claims, we can assist you in finding the most competent solicitors to handle your claim on a No Win No Fee basis.