What is Medical Negligence Claims in the UK? Medical Negligence Direct

If you have little or no legal knowledge, pursuing a medical negligence claim can seem like a huge challenge. But it is actually easier than you think; with the right support and advice, you can make the best decisions for your future and receive the compensation you deserve.

For your medical negligence claims to succeed, you are expected to show that the treatment you received was substandard, and has directly caused injury or worsened an existing condition.
If you have suffered an injury as a result of negligent care by a medical professional in the UK, this article discusses all you need to know about medical negligence claims.

1. Preparing a Medical Negligence Claim – To ensure you receive the compensation that covers all the damages suffered as well as your future needs, you need to hire a medical negligence solicitor. In preparing your claim, medical negligence solicitors will want to fully understand the impact that the negligent care has had on your life, and this can involve obtaining relevant medical records and seeking the opinion of experts. Ensuring a thorough job is done may take some time, but this will increase your chances of success.

2. The Claims Process – Truth is, not every individual affected by substandard medical care is interested in receiving a compensation. In some cases, they may just want a simple apology; sometimes they just want justice to be done, or assurances that no one else suffers the same negligent care. Pursuing compensation claim for medical negligence will only provide you with financial compensation.
However, if you wish to explore other options, your medical negligence solicitor will walk you through the process. Regardless of whether you decide to pursue a compensation claim, you are entitled to file a written complaint about the substandard care you received either from the NHS or privately. Yes, you can hold any medical practitioner accountable if you can prove that the treatment provided was below the minimum competence standards. Also take not that there is a six-month window for those who wish to file formal complaints, so it is best you avoid delay.

3. Finding a Solicitor – It is important that you work with an experienced and knowledgeable medical negligence solicitor - one who is a specialist in the field of medical negligence you are making a claim. Through the eye of their experience, they will tell you whether they think you have a case for pursuing a medical negligence claim. If you do, you will be made aware of your legal options every step of the way.

4. Funding the Claims Process – Before now, patients who suffered negligent care by medical professional had the right to legal aid to fund their claims. Since April 2013, however, legal aid funding is now limited to a small number of medical negligence cases. To fund medical negligence claims, you may enter into a conditional fee agreement (commonly called “No Win, No Fee“). This is an arrangement between you and your medical negligence solicitors which means that you will not have to pay any legal fees if your compensation claim is unsuccessful. Sometimes claimants prefer to fund their medical negligence claims privately, though this is quite unusual.

5. Medical Witnesses – The professional opinion of a medical witness is required in most claim cases as this will help to establish medical negligence, the link between the substandard care and the damage, as well as the long-term impact for the individual pursuing the claim. This is why it is important that you work with a trustworthy and experienced solicitor who can walk you through the various hurdles and help you make the right decisions.

6. You Probably Won’t Go to Court – Only a few cases go as far as a full trial. In most claim cases, the defense offers a commensurate financial settlement to ensure the case is settled out of court. However, you must be prepared for the possibility of a trial, and this largely depends on the facts of your claim.

Pursuing a medical negligence claim can be a daunting task. However, with the right support and proof of negligent care, you can have a great chance of success. Ensure you choose a medical negligence solicitor who is experienced and knowledgeable about your case.