Top 9 Tips for a Successful Medical Negligence Claim
Medical negligence law is very complicated, but the regulations are put in place to offer you sufficient protection against medical malpractice and injuries that are caused by it. When you are wrongfully diagnosed or badly treated, you have the right to file for compensation and receive the financial support you need to recover.
Unfortunately, not all medical negligence claims are automatically accepted. You have to go through a series of legal proceedings before you can get a verdict on your claim. There are also a lot of reasons for the claim to be denied. To file a medical negligence claim correctly and ensure success, there are several tips and tricks you have to know first.
Get a Solicitor Early
As mentioned before, medical negligence law is very complex. You need the help of a solicitor whose primary field of practice is medical negligence. There are a lot of firms and solicitors offering their services in this field; finding one should not be a problem. An example can be seen through sites such as The Medical Negligence Experts who specialise in all areas of medical claims, so if you need to speak to a lawyer you can find numerous trained solicitors through them.
What you need to remember is starting as early as possible. Having an experienced medical negligence UK firm assisting you from the start will boost your chances of filing the claim successfully, mainly because the experts behind the firm can help you with evidence gathering and other important tasks along the way.
Work with the Best
Sticking with choosing and hiring a solicitor early, you must also invest enough time towards hiring the best solicitor for your case. There are a few aspects to consider when choosing a lawyer to help you, including experience, references from past clients, and cost.
The best medical negligence solicitors will not charge you for their services. Instead, they use a No-Win-No-Fee principle; you only need to pay for legal fees once the claim is accepted and you are compensated for your injuries.
Working with the best also means working with a solicitor you are comfortable with the most. You’ll be spending a lot of time working together, going over details, and preparing evidence for the claim. Unless you are very comfortable with the lawyer helping you with your claim, the whole process can be very stressful, very quickly.
One of the first things you need to do when you are the victim of medical malpractice is seeking medical attention. You need to have the injuries – and potential risks that threaten you – treated by professionals. Your health is the primary concern at this stage.
While getting the necessary treatment, however, make sure you have everything documented thoroughly. Doctors’ reports, the prescriptions you get for the injuries, and various other details about the treatment you receive is evidence that can help support your claim.
You can even go a step further and have a family member or the attorney helping you with the claim present through every step of the treatment. An extra witness, someone capable of documenting the treatment, is invaluable to your claim.
Set the Amount Right
As part of the claim you’re making, you will be asked to set a compensation amount. This is a crucial thing that may make or break the claim. You need to set the amount correctly so that you don’t end up with a compensation amount that is too small or file a claim seen as ridiculous so that it gets dismissed right away.
There are several resources that can help you determine the right amount of claim to file for. Past cases, the guidelines issued by the NHS Litigation Agency, and the advice of your solicitor can help you determine the right amount of compensation to pursue. You must also look into the kind of injuries you’re dealing with, taking into account potential loss of income and other costs you have to endure.
Prepare to Settle
The majority of medical negligence claims get settled outside of court. For healthcare service providers, settling outside of court is more cost-efficient and is considered the easier route to take. Healthcare institutions don’t have to worry about excessive media coverage, long proceedings, and sensitive information being discussed in an open setting when they can settle the case early.
You too need to prepare for a settlement hearing. Before attending a meeting of this nature, get together with your solicitor and discuss details about the case, such as the amount of settlement you are willing to (or you think you should) accept and contingencies for when the insurance company or medical institution try to pressure you into accepting a low offer.
Get the Support You Need
Medical negligence cases are seldom something you can face on your own. For starters, you are still dealing with the injuries or other effects of the medical malpractice. You may not be able to go to meetings or carry yourself the way you normally would. Getting all the support you need is another crucial element that determines the success of your claim.
Make sure your partner and close relatives are involved in the process. If you have kids, giving them sufficient understanding of the process and why it is necessary is also a great idea. These are simple things, but they are the kind of simple things that help keep the family together through the difficult process of filing the claim.
Do It for the Right Reasons
Getting compensated for injuries and covering a loss of income are the common reasons why people file medical negligence claims, but they are not the only reasons out there. Sometimes, it is necessary to file the negligence claim so that the same thing doesn’t happen to others.
Medical negligence lawyers also allow you to get closure, especially in more severe cases. With these goals in mind, money becomes less important and you will have more energy to stay motivated and committed to the process. After all, you’ll need that extra motivation to keep pushing forward.
Think Before You Act
Evaluate the situation thoroughly before making big decisions will help you keep your chances of succeeding high. This is especially true with medical negligence claims UK law and the procedures associated with it.
There are regulations that offer you instant results – you can get compensation for common types of injuries, for example – you lose the right to file for other claims against the same injuries. Before deciding to accept the instant compensation, you need to look at the situation carefully and weigh your options.
Read the Fine Prints
Last but not least, always make sure you read everything carefully, particularly before signing documents. You want to fully understand what you are getting into every step of the way. Don’t hesitate to ask questions if you have any; you have the right to get answers to the questions you have during the negligence claim filing process.
For instance, an insurance company may offer a settlement to get the claim dismissed. However, the settlement agreement includes a clause that forbids you from talking about the medical malpractice ever again. By reading the fine print, you can spot this extra clause and determine if the compensation is enough to forego your right to talk about what you’ve been through.
I know nine is an odd number, but remember these nine tips and tricks and you can take your chances of filing a successful medical negligence claim to the maximum. Hire a good lawyer and begin working for the compensation you deserve today.