How Does a Medical Negligence Claim Work?

Reading time: 4 mins

Carrie Tennick, February 24, 2021

Medical negligence is a hugely devastating experience. You have suffered an extreme betrayal of trust and been hurt by the people who were supposed to help you.

That’s why the legal system allows for medical negligence claims.

You’re entitled to justice. You’re also entitled to compensation to help you get back into the position you were in before this happened.

If you’re weighing up making a medical negligence claim, you’ll probably want to know how it works.

Before taking legal action

It’s important to state that if you’ve suffered from any form of medical negligence, you should get the right care as soon as you can. Your focus should be on your health.

There are also some steps you can take before you start legal action. These will help you put together a strong case.

One thing you can do is note down the dates of your medical treatment and what happened each time. If you experienced negligence in the last three years, you could be able to make a claim. It will also make it simpler for your solicitor to put together your case if you have the important details ready

Compiling the details of your case before pursuing legal action can help make things more straightforward when you begin.

Talking to First4Lawyers

Once you decide to make a claim, the first thing to do is get in touch with First4Lawyers. We know that making a medical negligence claim can be a difficult decision. That’s why we’ll always try to put you at ease and make sure you have all the information you need to feel empowered to get justice.

Our understanding and compassionate claims advisors will take some initial details about your case when you first speak to us. We’ll then work out whether you have a possible claim, and we’ll then explain our reasoning.

If we do think you have a claim, we’ll introduce you to one of our specialist medical negligence solicitors – often during that first conversation so you don’t have to wait.

When you’re matched to a solicitor

After we introduce you to your solicitor, they’ll then take over your case. They’ll take some more details from you about what happened to you so they can evaluate whether you have a strong case. If they think you do, they’ll take your case on.

They’ll explain the process to you and how their No Win No Fee agreement works. They’ll explain the process and answer any questions you have – so it could be helpful to write down anything you want to know before you get in touch. This way, you won’t forget.

The claims process

Your solicitor will begin investigating your claim and building evidence. They’ll look into the negligence you suffered and how you were treated after that.

As part of their evidence, they’ll also arrange for you to see a medical expert for an assessment. This will usually be somewhere nearby and will involve the medical professional examining you to work out how severe your injury or illness is, as well as how long your treatment is expected to be and how well you will likely recover.

This will form some of the strongest evidence of your claim. Your medical records will be another critical piece of evidence. They’ll show your health before your experience of negligence and how you’ve been affected since.

You may also want to provide a statement that explains what happened and how it has affected your day-to-day life. This can help to give all parties an insight into the struggles you face and what you’ve had to deal with.

Negotiating compensation

Once your solicitor has put your claim together, they’ll present it to the other side – whether that’s the NHS or a private healthcare provider. That’s when they’ll either accept or deny liability.

If they deny that they were negligent, your solicitor will present the evidence they’ve collected and explain how you’ve been affected. If the other side continues to deny liability, your case may go to court, where a judge will decide. But this is very rare, with the vast majority of claims settled out of court.

When liability is accepted, your solicitor will begin negotiations to get you the compensation you deserve. They’ll always do their utmost to get you the maximum compensation possible.

The compensation will cover the pain and suffering you’ve been through, as well as any lifestyle impacts the negligence has had. Your compensation will also cover any financial losses you’ve suffered, including any lost earnings if you’ve been unable to work.

Taking the first step

Medical negligence claims don’t have to be intimidating or difficult. With the right help, you can make the claim that will get you justice.

Talk to First4Lawyers to find out how we can help you get what you’re entitled to for what you’ve been put through. We’re here to make taking the first step easier.

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