Filing your first medical negligence claim? Here’s all you need to know
Most of the time, medical professionals provide good or even exceptional care, and often in challenging circumstances. But sometimes the care you receive might fall below acceptable standards and leave you worse off than you might’ve been in, had mistakes not been made. If such an event happens to you, you may be able to make a medical negligence claim.
Such claims aren’t as rare as you might think. According to the NHS Resolution annual report, some 15,078 were made in the year ending 31st March 2022. Starting a claim yourself might seem intimidating, but having a better understanding of the process and potential benefits can help put you at ease.
In any event, the first step is typically to contact specialist medical negligence solicitors and learn if you have a legitimate case. If you do and you consider going ahead, here are five key points to be aware of.
There’s a time limit for claiming
In most cases, you’ll have three years from the event the negligence occurred - or when you became aware of its effects – to start a claim. There are some exceptions to this rule, such as if the patient involved is under 18 or if they lack mental capacity claim.
Whatever the case, claiming sooner rather than later can help you access urgent care, treatment or equipment quicker.
It isn’t only the NHS you can claim against
All medical professionals must adhere to certain medical standards, not just NHS doctors. This includes private hospital staff as well as dentists, cosmetic surgeons and opticians. So you don’t have to be deterred from claiming if you were the victim of medical negligence outside of an NHS setting.
Most cases don’t go to trial
One worry many potential claimants have is about going to court. But in reality, most cases are settled long before this point through careful evidence collection and negotiation.
The same NHS report referenced above states 77% of cases in the past year reached a settlement without court proceedings.
You might not have to risk losing money
Another common concern people have regards the cost of claiming. But most solicitors take cases under Conditional Fee Agreements – known as no win no fee – to minimise financial risk to the claimant.
In short, these agreements stipulate that the claimant avoids paying legal fees if their claim is unsuccessful.
Compensation is carefully calculated
Large compensation awards make news headlines occasionally, but it’s important to understand how these figures are calculated. Medical negligence compensation is designed to restore you to the same financial position you would’ve been in had the negligence not occurred.
Larger sums are typically awarded in serious, complex cases involving lifelong care needs. Solicitors follow the Judicial College Guidelines to calculate ‘general damages’, as well as factoring in treatment costs, home adaptations, lost income and more factors.
