A Step by Step Guide to Pursuing a Medical Negligence Claim

Undergoing the trauma of medical negligence can be an emotional time. But, you shouldn’t have to suffer at the hands of someone else. When it comes to claiming for a medical negligence matter, you need to be aware of how to do this in a safe way. After all, you don’t want to face further hardship as a result of someone else’s actions.

The process of claiming is not entirely difficult. But, it can be time-consuming. You need to find a good lawyer to help you. This is generally not something that can be pursued without legal assistance.

Step 1: Assessment

Speaking to an advisor or lawyer is the first port of call. You will be assessed on your claim and whether action against medical accidents can be pursued. This means that you will need to talk in-depth at the event that occurred. At this point, your lawyer will advise whether you have a workable case or not.

Step 2: Investigation

Many solicitors will sit down and discuss the options of whether the pursuit can be followed up. During the investigation stages of claiming, you will need to have a wealth of documentation in your arsenal. Medical records, diaries, appointments, problems, aftercare procedures. All of these things will enable your solicitor to maximise their chances of winning your claim. These are reviewed by a number of people and can ensure that the claim is in good-standing. An independent medical expert will inform both your lawyer and you of whether substandard care was given. But, the investigation will also be able to prove to what extent this standard of care had ramifications on your health.

At this point, it’s important to note that a claim may or may not be pursued. As such, you can then decide what course of action to take. Your legal eagle may be able to give your more detailed information how much compensation you may be entitled to.

medical-claim

Darko Stojanovic

Step 3: Claims

The claims procedure is not something that will happen overnight. Lawyers and solicitors will spend months pursuing this on your behalf. But, letters and meetings will take place. You don’t usually have to a part of this process. If the defendant admits negligence, you will then start negotiating terms and payments. It’s always best to settle out of court. Court is expensive, emotional and time-consuming. It’s a process that everyone wants to avoid. If your lawyer thinks that you have been offered a fair and reasonable sum, it may be wise to take their advice.

Step 4: Courts and Other Proceedings

If, in the event that the defendant doesn’t play fair; your lawyer will pursue this matter through court. But, they will only do so if they know that you are in a good place to win. After all, everyone wants to maximise their chances of success. Your lawyer is no different.

It’s important that you don’t give up or expect these matters to be resolved within weeks. Medical negligence can go on for a number of months. But, if you want to be compensated for the loss that you have suffered, it’s a sensible route to go down.