A Brief Look at Medical Negligence

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Do you feel that you have physically or mentally suffered as the result of a medical mistake. Perhaps an injury seems to have gotten worse after your treatment or a doctor prescribed the wrong medication; resulting in long-term complications. These are two of the countless examples of what can be termed as medical negligence. There are literally thousands of claims filed throughout the United Kingdom every year and ironically enough, this is also one of the least understood forms of litigation. Let's take a look at some basic rules regarding to medical negligence as well as what you should take into account when selecting a litigator.

All About the Time

There is what is known as a statue of limitations when referring to many legal cases and this same concept holds true in terms of medical negligence. In the vast majority of situations, you will have no more than a three-year window to file a grievance before it is no longer recognised in court. It should therefore be obvious that you need to take action as soon as you suspect that any type of damages or suffering have occurred.

Fault

Much like a personal injury claim, you and your solicitor will need to prove that the medical practitioner was at fault for causing an injury, a condition or similar types of grievous harm. Most will state that this generally falls under the definition of substandard care that would normally not be expected from a licensed doctor. Had they not fallen below such expectations, you would not be currently suffering as you are.

Causality

This can also be known as avoidable harm. As the term suggests, you also need to prove that your condition could have been avoided if you had been treated in the correct manner. Still, this scan be a difficult task to accomplish if you have any confounding underlying conditions. It is not uncommon for a litigator to secure the services of a third-party medical examiner to determine whether or not this is the case.

Choosing the Best Medical Negligence Solicitor

First and foremost, a medical negligence solicitor and a personal injury lawyer represent two very discrete field. It is important to note this difference. Once you have selected what appears to be a reputable firm, enquire as to whether or not they will charge you money up from or their fees result only from a winning case. This is commonly referred to as a “no-win, no-fee” clause. A few other concerns to take into account include (but may not necessarily be limited to):

  • The length of time the firm or individual has been in operation.
  • The ability to provide relevant accreditations upon request.
  • How many cases the firm handles per year and the success rate.
  • Membership in organisations such as the UK Law Society.

As medical negligence can be a costly and potentially life-changing situation, it is always important to make certain that you hire the best solicitor for your unique requirements.