How to Make a Medical Negligence Claim

How to make a medical negligence claim
BSC, LLB (Hons) & LPC Sophia Azam
Legally reviewed by: BSC, LLB (Hons) & LPC Sophia Azam In: Medical Negligence

Making a medical negligence claim can seem daunting when you are also dealing with all of the emotions that come with a situation where medical treatment has gone wrong and you have suffered as a result. However, with the right legal advice, you can get the compensation that you deserve. In this guide, we will explain how to make a medical negligence claim.

How to Make a Medical Negligence Claim

If a medical professional has made a serious error that could have been avoided, then you can likely make a claim.

Step 1 – Get in touch with our experts

Here at AWH, we have a great deal of experience in helping with medical negligence claims. Once we have determined that you have a case, then our specialist medical negligence solicitors can talk you through your situation and help you to understand what you could gain. They can also outline the process and explain what kind of evidence you will need to collect to prove your case.

Step 2 – Submit a Complaint

Making a complaint to the hospital or the healthcare professional who you believe made the mistake can allow you to investigate what has gone wrong and determine if anyone is responsible for the outcome. It is possible to do this before you make a legal claim.

Step 3 – Gather evidence to prove that you have been a victim of medical negligence

When making the accusation of legal negligence, you need to be able to prove that your experience has fulfilled several criteria. These are defined as the four D’s of medical negligence. When all of them are fulfilled, then you have proof of medical negligence.

  • Duty of Care
    When healthcare professionals are trained, they agree to adhere to an oath that promises a duty of care towards any patient that they are treating. As a patient, it is reasonable to expect that you would receive the best possible care. If your healthcare provider has failed in this, then you may have a case.
  • Dereliction of your care
    This is when a medical professional fails to meet the expected standards of healthcare, and also steps beyond the line of appropriate care.
  • Claiming for damages
    The amount that you can receive for medical negligence will be defined in order to cover a number of different factors. The necessary costs could include:

    • Medical bills
    • Loss of earnings
    • Psychological suffering
    • Physical pain
    • The care and support that your family have had to provide
  • Direct causation

This is the link between the medical negligence that you have experienced and the damages that you will receive. A specialist medical solicitor will be best to help you to prove the connections between medical negligence and what you will receive in damages.

Step 4 – The case is taken to court

If the case is issued, expert medical records and evidence will have to be obtained in order to support your claim, and a barrister will be instructed to prepare the court papers. We understand that a case going to court can be nerve racking, but the right legal teams will be able to help you. Court proceedings can be completed efficiently.

There are a number of things that fall under the definition of substandard medical treatment, such as:

Can I Make a Claim on Behalf of a Family Member Who Has Passed Away?

If you are living in the UK, we can help you to claim compensation after the tragic death of a loved one.

How our Medical Negligence Experts Can Help You

Suffering from medical negligence can have a long-term effect on your mental and physical health. If a medical expert has let you down, then we can help you throughout the process of making a medical negligence claim. Because time limits exist on making a claim for medical negligence, it is best to contact our experts as soon as possible. We offer no win no fee agreements and will support you with making your claim.

Get in touch today for expert help and advice.

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