If you or a loved one have suffered an injury or illness that was caused by the negligence of a health professional, you may be able to claim compensation. Medical negligence claims are extremely complex and it is important that you seek legal advice as soon as possible after your injury occurs. In this article we will look at how such claims work, what time limits apply and how they are assessed.
Medical negligence claims are claims against a doctor, hospital or other medical practitioner or institution, who you feel has not performed their duty of care to an acceptable level.
A medical negligence solicitors is a claim against your doctor, hospital or other medical practitioner or institution if you have been injured as a result of their negligence.You can make a claim for compensation from the NHS if you have suffered harm as a result of being treated by an NHS Trust and/or personally by your own GP (i.e. private practice).
You should seek legal advice as soon as possible after your injury occurs, as there are strict time limits which will apply and this may mean that if you leave it too late, you will be unable to claim compensation.
You should seek legal advice as soon as possible after your injury occurs, as there are strict time limits which will apply and this may mean that if you leave it too late, you will be unable to claim compensation.
The time limit for making a personal injury claim is 3 years from the date of your accident. However, there are exceptions to this rule and in some cases the 3 year period can be extended if there has been an unreasonable delay by one party or another. For example, if you have left it more than 3 years from when your accident happened but were unaware of your entitlement to make a claim because the person responsible for your injuries kept quiet about them then this could extend the limitation period for bringing a claim against them by up to 2 years after you discovered their wrongdoing (Section 33(4) Limitation Act 1980).
Getting good legal advice before making any claims is essential because if you do not follow all of the correct procedures then even though there may well be strong grounds for compensation at some point in time later down the line, they will not count towards any future settlement agreement when they do come around – which means that although technically possible under law (and therefore legally enforceable), no one would ever actually pay out on such an agreement because no one could enforce it!
Your solicitor will help you through the process but one of the first steps will be for them to obtain relevant documents from your medical file such as copies of your records and x-rays etc.
Your solicitor will be able to help you through the process but one of the first steps they will need to take is to obtain relevant documents from your medical file (e.g., copies of your records and x-rays).
They may also ask for a report from your GP, as well as a report from the hospital or GP practice involved in treating you.
Once this process is complete, your solicitor will review the evidence and advise you whether they believe you have reasonable grounds to bring a claim against the NHS hospital or GP practice involved. If so, they will begin to investigate the circumstances surrounding your case in more detail.
Once this process is complete, your solicitor will review the evidence and advise you whether they believe you have reasonable grounds to bring a claim against the NHS hospital or GP practice involved. If so, they will begin to investigate the circumstances surrounding your case in more detail. In some cases, they may decide that there are no grounds for bringing a medical negligence claim and advise you not to proceed with legal action.
In many cases of medical negligence, it can be difficult for patients to determine if their own problems are down to poor treatment by healthcare professionals or simply due to other factors such as age or lifestyle choices. A good solicitor will be able to guide them through this process and help them understand where their claim lies within the legal framework surrounding these issues
The next step is for a formal letter of claim to be sent to the NHS Trust (or private provider) where the injury took place. A timeframe is then given (usually three months) for them to respond with an acknowledgement that they have received your letter and are investigating the circumstances of your case.
The next step is for a formal letter of claim to be sent to the NHS Trust (or private provider) where the injury took place. A timeframe is then given (usually three months) for them to respond with an acknowledgement that they have received your letter and are investigating the circumstances of your case. If they do not acknowledge your claim, or if they deny liability for causing injury and/or death, then you can take legal action against them.
Conclusion
We hope this guide has given you a good understanding of what medical negligence solicitors are and how they work. If you have suffered an injury as a result of something that happened during your treatment at hospital or surgery, then it’s worth finding out more about whether you may be able to make a claim for compensation.
