Medical Negligence Claim
In the event that you become ill or suffer an accident, you will usually visit a medical professional. It is a reasonable expectation that these professionals will deliver an appropriate level of care due to their high level of both skills and knowledge.
What Is Responsible?
If however, the medical professional does not act in a manner that could reasonably be expected, you may have grounds to make a personal injury compensation accident claim resulting from medical negligence, also known as malpractice.
UK law defines medical negligence as any act that does not meet the standard expected of “the reasonable man”. This means that in order to prove negligence, it is necessary to establish what action would have been expected.
To determine this, a judge will receive evidence from medical professionals to see whether the action taken was correct. Often doctors with a similar level of knowledge and expertise in a given field of medicine will be asked whether they would have conducted themselves in a similar way.
How Do I Make an Medical Negligence Accident Claim?
In order to prove a claim of negligence, there are four basic requirements:
- The professional in question had a duty of care towards the wellbeing of a patient, and was expected to provide at least a minimum standard of care
- The professional then failed to provide this standard of care
- This failure to provide an appropriate standard of care directly led to the patient suffering physical harm or injury
- This failure to provide reasonable care must be compensated by the professional
It is recommended that if you have a complaint, you should first address it through the internal complaints system of the institution.
It is also important to note that there are different procedures to follow depending on whether the complaint is being lodged against a private care provider or an NHS institution.
Proving medical negligence is difficult, as a doctor is able to defend the compensation claim if they feel their actions did meet the required standard of care.
This is where the judge presiding over the case will enlist the guidance of medical professionals to establish whether this is the case.
To make a medical negligence claim, you will first be asked to make a statement recording your thoughts and memories of the experience.
This will be compared to medical records to establish whether any actions taken by the professional in question were appropriate given the circumstances.
Then a medical professional will examine all the evidence available in order to give their verdict. This entire process usually takes between 6 to 12 months.
After this, if your medical megligence claim is deemed valid, it will go before a court and your case will be decided upon.
Am I Eligible to Make a Medical Negligence Claim?
Under UK law there is a Limitations Act stating that claims for personal injury compensation resulting from medical negligence must be issued in a court of law within three years of the event.
If this law is not adhered to, the chance to claim medical negligence compensation may be lost. There are however several exceptions to the rule:
- The time limit only applies after the age of 18 years old
- The time limit begins only once the injury has been discovered, not necessarily from the date of the event
- If the defendant has some level of mental incapacity, the time limit may not apply
- Judges may also choose to ignore the time limit, although this is rare
There is no obligation for you to instruct the accident claim solicitor we match you up with, and we only supply details of law firms with an excellent track record who provide a friendly customer service.