The 5 Steps of the Medical Negligence Claim Process

This article was contributed by Cynthia Madison who works as an author at SmallBizClub.

What do you need to know about making a medical negligence claim?

If you’re wondering what is medical negligence, you’re in the ideal place to help with info regarding claiming for malpractice. If you believe you’re eligible for making a claim, please contact a malpractice lawyer. Medical negligence is when medical professionals directly cause injuries to patients, make surgical mistakes, misdiagnose, or give incorrect treatment. Medical negligence is indeed complicated, but you can make the process easier.

One of the ways to answer the above question is to explain the steps involved in making a claim. Think of each step as an obstacle that needs to be cleared, so that your claim can be successful. Your case must show that there has been a breach of the doctor’s duty of care (the responsibility of keeping you safe from harm) and that it has led to malpractice. The standard medical treatment has to be considered in the context of the field of medicine included, and the time when you have received treatment. The clinicians must have been done something wrong, and the treatment wasn’t up to a proper standard.

Doctors, as well as medical staff, can make mistakes without being careless. This can question your case; so, unless another medical professional says there’s been negligence, you won’t be eligible to make a claim. In order for your claim to be successful, you must prove that the treatment received has put you at risk. You can claim for pain and suffering, if it was caused by negligence. However, medical professionals must assess your situation.

1. Calculating damages

To make a successful claiming, you must prove your suffered losses. The court will calculate your compensation for your injuries caused by negligent treatment. This consists in what your opponent might agree to pay, or what the court decides if there’s no agreement involved in the process. The award is divided in general damages and special damages. General damages are the sum you receive for your pain and suffering. Special damages include loss of earnings, the costs of care you might need for your injuries, medical treatment, therapy, and other financial losses that might be related to the negligence.

Not all medical negligence cases are the same. Thus, it depends on the severity of your case; you can receive anything from hundreds to thousands of pounds for complications, like those resulting from malpractice. The best thing you can do is to contact a personal injury lawyer from Medical Negligence Law, and no lawyer should speculate on the value of your claim until they have full details of your case.

Calculating the compensation

If your medical negligence claim turns out to be successful, the financial compensation will be made up of two parts, as mentioned above:

  • General damages
  • Special damages

These involve capitals for your suffering, pain, both from the past or the future. In order for this to be calculated, you must prove evidence and document proof to support your claim. Significant awards will be included in your claim, like those for life-changing complications. It can further help you cover the costs based on your living changes.

2. How is your claim funded?

A claim can be funded through a No Win No Fee agreement. If you win, your adversary will pay you fees. However, if you lose the case, you still won’t be charged. So, most plaintiffs adopt this method for their medical negligence agreement nowadays. You might already have medical insurance, which could be a part of your home cover.

If so, it might be used to cover some of the medical negligence claims. If you are making a claim for a child who suffered injuries, you may take advantage of Legal Aid. A lawyer can help you make an application for your claim. Sometimes, a No Win No Fee negligence agreements might be suited for your case, so you won’t be charged any fee.

3. Are there any time limits for medical negligence claims?

Usually, you have three years to make a claim of the date the neglection happened. If you don’t make the claim within three years, then you’re likely to be out of time. Sometimes, there might be exceptions. For example, if you are claiming for a child who haven’t turned 18, there shouldn’t be a time limit. Courts can extend the time limits, but not all do so. So, the sooner you make the claim, the better the results. Final note: three years might sound like a long time, but it can run out sooner than expected. It’s best to seed advice from a solicitor as soon as possible.

4. What do you need to prove to win your case?

Breach of duty – it’s when you show that the treatment you receive is below standards of care you would normally have to receive from a doctor during a time of treatment. If the medical evidence proves that a doctor acted below the standards, it will be a valid defense for your claim.

Will the negligence claim affect your medical treatment? Not at all. You won’t be excluded of your doctor’s list. If anything like this happens, please complain, so that the issue is resolved quickly, so you can carry on getting your treatment. If you have received poor treatment, it’s normal to find a professional lawyer, experienced in the field wo help you with your claim.

5. How much compensation will you receive?

Before you know how much compensation you’ll receive, you need to obtain a medical report. It will give you full details of the treatment. You can also include a claim for loss of income, and other costs related to the medical accident.

If you want to find out more about making a claim for medical negligence, please contact an experienced lawyer to help you out. Claiming on your own is not a good idea, as you may not know all the steps necessary to claim successfully.

About the author

Cynthia Madison is an author at SmallBizClub with a solid technical, business, and financial foundation. She’s responsible for providing share-worthy articles that deliver value straight to the point. Cynthia enjoys watching thought-provoking TED talks on technology advancements in her spare time. She lives a “never stop learning” life.