When you or a loved one has suffered harm as a result of medical negligence, understanding your legal rights is essential. Knowing how the claims process works can also help you feel more confident about taking the next steps. This guide explains how to make a medical negligence claim and what to expect at each stage.
First and foremost, you should seek advice from a solicitor who specialises in medical or clinical negligence. An experienced solicitor will assess the merits of your case, explain your legal rights, and guide you through the claims process from the outset.
To succeed with a medical negligence claim, you must show that the healthcare provider breached their duty of care. In other words, the treatment you received must have fallen below an acceptable medical standard. Your solicitor will help identify whether this threshold has been met.
Next, your legal team will collect evidence to support your claim. This may include medical records, witness statements, expert medical opinions, and other relevant documentation. Strong evidence is crucial to demonstrating negligence and supporting your case.
In addition to proving a breach of duty, you must also establish causation. This means showing a direct link between the negligent care and the injury or harm you suffered. Your solicitor will work closely with medical experts to demonstrate that the negligence caused or worsened your condition.
Before formal court proceedings begin, your solicitor will usually send a Letter of Notification to the healthcare provider or organisation involved. This letter sets out the allegations and gives the provider an opportunity to investigate and respond.
In some cases, mediation may offer a quicker and less stressful way to resolve the dispute. Mediation involves an independent third party who helps both sides reach a mutually acceptable settlement without going to court.
If mediation is unsuccessful or inappropriate, your solicitor will issue court proceedings on your behalf. At this stage, the healthcare provider will formally respond to the claim.
Medical negligence claims often rely on expert witness testimony. Independent medical professionals provide opinions on whether the standard of care was breached and whether that breach caused the injury. Your solicitor will instruct suitable experts to strengthen your case.
Throughout the process, there may be opportunities to negotiate a settlement. Many medical negligence claims are resolved without a trial. If a fair settlement is reached, the case can conclude sooner and with less stress.
If settlement negotiations fail, the claim will proceed to trial. Both sides will present their evidence, and a judge will decide the outcome based on the facts and expert testimony.
If your claim is successful, you may receive compensation for medical expenses, loss of earnings, rehabilitation costs, future care needs, and other financial losses resulting from the negligence.
Our NJS Law Medical Negligence Specialists are compassionate, understanding, and highly experienced in pursuing medical negligence claims. We are committed to helping you achieve the best possible outcome.
If you would like to discuss your situation, please contact us to arrange a free, no-obligation consultation. We are available by phone or email and are here to support you every step of the way.
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