How To Sue For Medical Negligence

How To Claim For Medical Negligence

Medical negligence occurs when a medical professional or a medical institution fails to take steps to avoid causing injury or loss to another person. This can arise in a number of circumstances, some of which will be addressed here. If you have been the victim of a medical professional’s negligent actions, you may be wondering how to claim for compensation.

Why People Claim Compensation For Medical Negligence

  • Claim for yourself:This involves a patient suing the medical professional or establishment that has treated them for causing harm, further injury or illness due to negligent care. For example, a misdiagnosis of cancer could result in a claim for negligence against the treating practitioner.
  • Claim for a loved one:This involves the relative of a patient suing the medical professional or establishment that has treated their loved one for causing them harm, further injury or illness due to negligent care. For example, the mother of a child who passed away due to oxygen deprivation during surgery following a lack of proper monitoring could make a negligence claim against the observing anaesthetist.
  • What Should I do if I think I May Have Grounds To Claim For Medical Negligence?

    If you think you may have a claim for negligence it is important to ascertain whether the person you are contemplating suing actually has the financial means to pay any compensation awarded to you.

    For medical negligence claims, this should not be an issue as both hospitals and medical professionals should be covered by a policy of insurance which covers them for negligence claims such as these.

    This may not be the case for all types of negligence claim.

    You should then contact a specialist medical negligence solicitor. You have 3 years from the date of the incident within which to do this.

    If you miss this 3 year deadline you will not be able to make a negligence claim.

    The First Steps You Should Take Towards Making A Claim For Damages For Medical Negligence

    Suing for medical negligence can seem like a worrying prospect but if you have been injured, or have suffered a loss, due to someone else's negligence then you deserve to be compensated.

    First, contact a solicitor: You should contact an expert medical negligence solicitor who will be able to assess your chances of pursuing a successful claim and will be able to talk you through the process of suing for medical negligence. 1st Claims can provide you with a specialist solicitor if you call today for a free, no obligation consultation on 0800 2888 693 or fill in an online enquiry.

    Then, keep a record:keep a diary of both your psychological and your physical injuries as they progress. Also keep note of any financial losses you incur as a direct result of the negligence, e.g. prescription and travel costs. This information will serve to support your claim and ensure you are awarded the correct amount of compensation.

    Consider contacting the Parliamentary and Health Service Ombudsman: When considering taking legal action against a NHS health professional or NHS health body you may also want to contemplate taking your matter up with the Parliamentary and Health Service Ombudsman. The Ombudsman will ask the organisation to take action to put matters right where possible and recommend how to  improve its services however, he cannot represent you in legal proceedings.
    You may pursue a complaint with the Ombudsman simultaneously to exploring taking legal action against your health provider. You have to use the NHS complaints procedure before taking your complaint up with the Legal Ombudsman and although this is not mandatory for taking legal action, you and your solicitor may find it helpful before deciding to start legal proceedings.

    What are the Costs?

    1stClaims does not charge you for using our service and all initial enquiries with our Solicitors are also free of charge, so rest assured, this initial step of making an enquiry will not cost you anything.

    Once one of our Solicitors has assessed the merits of your enquiry they will make a judgement on the likely chances of bringing a successful claim and if the prospects are good, they will normally offer to take your case on a No Win No Fee basis. NOTE: If your case is successful your Solicitor will deduct up to a maximum of 25% of your final settlement or compensation award as payment for their fees. You can find out more about No Win No Fee arrangements and the potential costs that can be incurred by clicking here.

    Find Out More

    Can We Help You?

    We understand that if you are on our website you may well be confused: confused about your situation and confused about your options. This is why we offer you a free, no obligation discussion with one of our medical negligence solicitors.

    Simply call us on 0800 2888 693 or complete our How To Sue For Medical Negligence enquiry form to be advised of your options.


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