How To Make A Claim Regarding Medical Negligence

Post 5 of 27

Dealing with medical negligence can be very troublesome especially if you know little about this type of cases. The best thing to do is find a good malpractice solicitor who can offer you legal consulting and teach you how to make a claim. He will help you determine how much your claim is worth and how you should approach it. Before making a written claim you should keep a couple of things in mind.

  • Gather your evidence

Medical negligence can often be very hard to prove. On that note, you need to gather as much information as possible. Your medical records will be the main piece of evidence. You should look for a legal firm which also has medical staff. This way the records will be analyzed by qualified people who will be able to understand the scientific facts. If you have eye witnesses that can testify in your favor in order to show that there was a breach of duty you should use them. You will also need expert testimony sustaining your claim.

  • The right time

Your legal action should begin as quickly as possible. Various states have different time limits in which a plaintiff can file a claim. It is important to know your region’s laws in order to learn how to make a claim. While most states allow claims to be filed within 3 years of the moment that the negligence took place, others only allow six months.

  • Legal expenses

When learning how to make a claim you must also discuss with you solicitor the costs of the legal actions. Medical negligence cases can last a long time and can cost you a lot of money. However there is more than one option for funding your claim. You can find a no win no fee solicitor, you can buy an insurance policy that covers your expenses in case you lose or you can even find Trade Union funding. You can also try to get public funding from the Community Legal Service. However they have very strict criteria on approving funds. Private funding is always an option as long as you have the financial means.

  • Who can file the claim

Most people who file negligence claims are also the ones who were the victims of malpractice. However close relatives or other dependents can also file negligence claims. In case of a patient dying due to negligence, the spouse or parents can claim bereavement damages of loss of dependency.

  • Sending the claim

Once you have all your affairs in order and you have discussed things through with your solicitor, you will have to send a written claim to the person who was responsible of negligence. Once you do this, there will be a lot of discussions between you solicitor and the opposing lawyer. Most cases don’t end up in court as the opponents often choose to settle. If they make a decent deal, it is advised to take it. Pursuing a lawsuit can be quite expansive and can take a long time. Furthermore if you have a no win no fee solicitor and you win your case you will have to pay a success fee that can be as much as 25% of your damages awards.