Pursuing a Medical Negligence Claim – Seeking Justice and The Answers You Deserve
Suffering from medical negligence can leave deep emotional and physical scars. Whether it’s a misdiagnosis, surgical error, or a failure in care, the impact can be life-changing not just for the individual but for their family too. We understand this and as we are medical negligence specialists, we are here to help.
Why Should you Pursue a Medical Negligence Claim?
Pursuing a medical negligence claim isn’t just about compensation. It is about finding answers, hoping that lessons will be learned and securing the support needed to rebuild your life. This guide outlines the main general steps involved in the process.
Step 1: Seeking Support and Understanding What Happened
The first and most important step is recognising that something went wrong and that you deserve answers.
It is natural to feel overwhelmed or anxious at this stage. A good solicitor will listen without judgment, help you understand what has happened, and advise whether there are grounds for a claim.
It is important to choose a solicitor who is a medical negligence specialist.
Step 2: Investigating the Claim
Once you have instructed a solicitor, they will:
- Obtain your medical records.
- Obtain guidance from medical experts and assess whether your treatment fell below the standard of care that you ought to have received.
- Establish a link between any negligence and any harm that you have suffered i.e. that with appropriate management your outcome would have been different.
Step 3: Letter of Claim and the Response
If there is the basis for a claim to be pursued, then your medical negligence specialist solicitor will be able to draft what is known as a ‘Letter of Claim’ to the responsible healthcare provider, outlining:
- What went wrong;
- How it caused harm; and
- The impact on your life.
It may be that there are further steps required before a Letter of Claim can be drafted, such as a conference with experts or a Barrister.
The healthcare provider has four months to respond, although it is not uncommon for them to require additional time. They may admit or deny fault. If they admit fault, the process can move towards settlement. If they deny that they were at fault, then further evidence and negotiation may be required.
Step 4: Negotiation and Compensation
The appropriate level of compensation will then be determined. Expert opinions may be required to comment regarding your condition and prognosis. Details will be obtained in relation to any past and future financial losses. Future financial losses will be aimed at making sure you have the financial support you need to access items such as rehabilitation, medical expenses, care and assistance. Every claim is very different in terms of the heads of loss that are appropriate, and your medical negligence specialist solicitor will advise you in detail regarding this.
A successful claim is about more than legal closure. It is about rebuilding your life and recovering as much as possible to enable you to recover physically, emotionally, and financially.
Understanding the Challenges in Medical Negligence Claims
Not all cases are successful and sometimes the responsible healthcare providers dispute that they were liable, which may result in additional steps being taken to assess the prospects of succeeding with your claim. Therefore, this guide is aimed at providing a general overview of the most common steps usually required but it is important to seek advice from a medical negligence specialist if you think you may have a medical negligence claim.
Taking the First Step – Contact our Medical Negligence Team
If you or a loved one have concerns that you may have been the victim of medical negligence and wish to seek answers please get in touch with one of our understanding medical negligence specialists on 0800 987 8800 or make a free online enquiry here and we will contact you. Alternatively, email us at [email protected].
Medical Negligence Specialists – Bridge McFarland LLP
medicalnegligence.co.uk is owned and operated by Bridge McFarland LLP, an established and nationally recognised law firm renowned for specialist expertise and experience in this complex area of law. With our determination and commitment to providing our clients with an exceptional standard of service, we have held the highly regarded Lexcel quality mark since June 2008.
Additional Resources:
How to Make a Claim – FAQs
