What Is the Medical Negligence Claim Process?

The medical negligence claim process is relatively simple, but can be complicated depending on the circumstances. Generally, it is not essential to go to court for every claim. As much as 80% of all medical negligence claims are settled out of court. However, the basic process is as follows.

Initial Investigation and Assessment

The initial investigation involves acquiring legal counsel to assist in the process. Your solicitor will gather necessary evidence and help assess the claim before going further. Always be honest with your solicitor and keep careful records of every interaction with the medical facility you are filing the claim against. Even an insignificant email or letter can have sufficient evidence that can be used to hold up your claim. If there is an actionable claim, the solicitor will help you proceed with the case.

Letter of Claim

Possibly the most important part of the process involves providing a letter of claim to the defendant. Your solicitor will bring the case to the attention of the defendant by providing a claim letter outlining where the medical negligence took place and why they are liable for your pain and suffering. Medical records are essential for the process.

Response from Defendant

After a few months, the defendant will issue their response. If they agree with you, they will begin negotiations to determine what is owed for your pain and suffering. If they continue to deny the medical negligence, subsequent court proceedings will follow.

Court Hearing (Not Always Essential)

If the defendant denies the allegations against them, the court case will proceed. This is where your solicitor will have to prove you were owed a duty of care that was not provided due to a breach in the proposed care. The solicitor will have to prove the causation from the defendant and showcase the damages you are owed for your pain and suffering. Expert testimony will be essential for this stage of court proceedings.

Court cases can last anywhere from a few months to a few years, depending on the case load of the court system at that time. The case can also be delayed if motions for extension are filed by the defendant. This is common when a medical professional is trying to push blame away from themselves. You must try to be patient during the process and maintain all records of loss of wages, medical expenses, court expenses, and any other expenses you incurred during this time. That will help you with the next part of the process.

Settlement with Compensation

The court case will go one of two ways. If the judge sides with the defendant, you will receive no compensation. If the judgement is in your favour, you will have a chance to negotiate a settlement and receive compensation for your injuries and all pain and suffering following the negligence. Settlements can range from a few thousand to millions, depending on the case, and the responsible party will be made to pay what is due.

Appeals

As with any court case, appeals are an option. Although it is not essential for you to go through with the appeals process, if you are serious about getting compensation owed to you, by all means, keep going with the process. Appeals can take a long time, but with the proper representation backing you, you should have no problem proceeding with the case. Sometimes appeals can drag on for years, but most often, they are handled as quickly as possible.

Medical negligence is wrong, but you have to remember, even though they are highly educated, doctors are people too. They make mistakes, but just because there was an error does not mean you should not be compensated for your pain and suffering. A qualified solicitor will do their best to ensure you are properly compensated for your injuries, and in the case of medical negligence, many solicitors do not get a fee for their time unless the case is awarded in your favour.

Never neglect to file a medical negligence claim simply because you are worried about the financial part of it. Solicitors are here to help you get compensation for mistakes made against you, and you have rights.

How a Medical Injury Solicitor Can Help

It is highly recommended that you speak to a solicitor who can assist you in understanding your rights and options in relation to a medical negligence claim and who can advise you on how to proceed in light of the CRU. At SilverOak Solicitors, our team of experienced medical negligence solicitors will evaluate your claim and offer insight into the most effective course of action. Contact us to speak with one of our medical negligence experts about your case today.