12/22/2017

Common Medical Negligence Questions Answered


Medical negligence can leave deep-seated scars with regards to trust in the medical world, not to mention on-going resentment towards the incident and the medical professional in question. The rate of medical negligence claims the UK is far below an alarming rate. However, within five years, a total of 20 hospitals were held responsible for a total of £1.1 billion in claims alone.

This figure is a scary statistic for anyone who understands the rigid process involved for a medical negligence claim to be accepted. It takes highly experienced medical negligence solicitors to have a medical negligence claim go through the courts successfully. We asked these experts to answer some of the most frequently asked questions at a time when your trust in the medical world has been shattered.

I Believe I Have Been a Victim of Medical Negligence, What Now?
Your first step is to go and see medical malpractice solicitors, such as The Medical Negligence Experts, who offer support for a range of medical negligence claims, even dental malpractice. A medical negligence solicitor will calmly explain to you exactly what the procedure forward will entail, and you will be able to know right away whether your experience with medical malpractice is a serious claim or something which was an accident.

What Counts as Medical Negligence and How Bad Does It Have to Be to File a Claim?
For an incident to count as an act of medical malpractice, regardless of the severity of the incident, it needs to be counted as an incident where no other sane medical practitioner would have performed a similar act. The violation must have been due to an absolute lack of care and proper attention on the part of the practitioner. This can be a GP not taking a certain test result into consideration and making a half-hearted diagnosis, where you suffer the consequences of them not picking up an illness or terminal disease when they had the information on hand. It can be due to an instrument or medical equipment being left inside you after an operation.

In fact, medical malpractice can go as far as being treated with absolute disrespect and contempt and you suffering a traumatic experience in light of this negligence. If you feel that you have been poorly treated, and you have suffered due to the incident, whether physically or mentally, then you have been a victim of medical negligence.

I Never Knew I Had a Right to Compensation, but I Was a Victim of Medical Negligence Two Years Ago, Does It Still Count?
Yes, a medical negligence claim can be brought forward up to three years after the incident has occurred.

It Was at a Private Hospital, Does That Count Me Out?
No, you have the right to visit the best medical negligence solicitors whether you were a victim at a private or public medical institution.

How Long Before I Can Be Compensated?
A medical negligence claim can take anything from 12 - 18 months. All claims are unique and due to the fact that not one claim is similar, the time it takes for the compensation to be finalized can vary. Depending on the severity of your injuries, the claim may or may not take a little longer.

A case that is not as complicated or life-threatening will be settled far sooner than a case with life-long consequences. A word of advice is to wait before settling any claims at all because once a claim has been settled and you have agreed to a certain compensation, it is known as a “full and final” settlement and whether or not your condition should worsen after a claim has been settled, you cannot claim again, or for more compensation to cover costs or injuries.

What Is the Difference Between a Medical Negligence Solicitor and a Medical Negligence Lawyer?
The term lawyer is a general term to refer to any person who is licensed and able to provide legal advice and/or assist clients with legal matters. Medical negligence lawyers are qualified completely to provide sound legal advice to clients, as well as handle the paperwork and the back and forth between the guilty party/parties in any given situation. They are also qualified to take the matter to court if the need arises, however, and this is where the difference comes in. A medical negligence UK solicitor will most probably educate a qualified barrister to handle the matter in court. It is rare that a solicitor will take the matter and represent you in a court of law.

I Have No Money to Pay Legal Fees, What Can I Do?
There are companies in the UK who have a ‘no win, no fee’ policy. This means that if there is compensation and the case is feasible, you have no fee to pay at all. Legal advice from these companies is usually also free of charge. 

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