Medical Negligence: FAQs on Starting a Claim
Healthcare professionals are accountable for ensuring patients receive a standard of medical care, and those patients are entitled to the peace of mind that comes with knowing that they won’t walk away from their treatment with worse health than what they started with. Medical negligence, also known as clinical negligence, occurs when a healthcare professional breaches their duty of care. In this blog, our medical negligence team answer some frequently asked questions about making a medical negligence claim.
What is Medical Negligence?
Medical negligence (clinical negligence) occurs when a healthcare professional fails to provide the standard of care expected, leading to injury or harm or an illness worsening due to that breach. Medical negligence can occur in various healthcare settings, with GPs, hospitals, private healthcare providers, or other medical professionals.
Who Can Make a Medical Negligence Claim?
Anyone who has suffered due to improper, unskilled or negligent treatment by a healthcare professional, GP, or dentist can potentially make a medical negligence claim for compensation. Claims could include injury or illness worsening due to the care received or through a delay or misdiagnosis.
How Do I Know If I Have a Claim?
If you believe that you or a loved one have suffered due to medical negligence, our specialist medical negligence lawyers at Bridge McFarland LLP can assess your case. Reviewing the circumstances and evidence surrounding your case is crucial, and our team will help determine if you have a valid claim and guide you through the steps.
What Evidence Do You Need for a Medical Negligence Claim?
Our team will explain in detail what you will need to provide to support your claim, which could include:
- Medical records and reports
- Details of the treatment received
- Evidence of how the negligence has impacted your health and daily life, such as your ability to work
- Expert medical opinions
Our medical negligence team will help you gather and present this evidence effectively and can arrange for examinations by medical experts.
How Do You Make a Claim for Medical Negligence?
To start the process of making a medical claim, contact our team for a free, no-obligation initial consultation. We will discuss your case, assess any evidence that you may have, and advise on the best course of action. If you decide to proceed, we will handle all the legal aspects, including negotiations and court proceedings if necessary.
Can I Make a Medical Negligence Claim Without a Solicitor?
While there are no legal requirements to use a solicitor, and you can make a claim without one, it is not advisable. Medical negligence is a complex area of law that requires a thorough understanding of the legal procedures and medical issues. Bridge McFarland LLP is a nationally recognised law firm regulated and authorised by the Solicitors Regulation Authority (SRA). Our experienced medical negligence solicitors will ensure that your claim is presented effectively, maximising your chances of a successful outcome and getting the answers you deserve.
What Is the Medical Negligence Claim Process?
Our team will guide you through the process of making a medical negligence claim, which includes:
- Initial Consultation: Contact our medical negligence team for a free, no-obligation, initial consultation.
- Case Assessment: We will evaluate the details of your case and provide an assessment of your chances of success.
- Evidence Gathering: The lawyer in charge of your case will assist in collecting medical records and expert opinions.
- Negotiation: We will aim for early admission of liability where possible and negotiate with the negligent party or their insurers.
- Litigation: If a settlement cannot be reached, or the other party defends the claim, we will arrange for representation in court.
- Resolution: We aim to achieve a fair and just outcome as quickly as possible, getting you the answers and compensation you deserve.
Can I Make a Medical Negligence Claim on Behalf of Someone Else?
Yes, you can make a medical negligence claim on behalf of a child, someone who lacks mental capacity, or a deceased loved one. Our team can provide guidance on the specific requirements of these cases.
Why Choose Bridge McFarland LLP?
Bridge McFarland LLP is a nationally recognised law firm with a strong reputation for advising individuals, families and businesses, professional services, and agricultural and rural organisations on every aspect of the law across many legal disciplines, wherever the need arises.
All lawyers are specialists in their specific areas of law and have the expertise to provide you with a quality service tailored to meet your needs, whatever your objectives.
Throughout the duration of your medical negligence claim, our medical injury specialists will work closely with other lawyers should you require expert advice and guidance on other legal services (connected or unconnected to your claim).
As part of your claim, you may need advice about a Personal Injury Trust, drafting or updating a will or putting in place a Lasting Power of Attorney. You may also require a Professional Deputy to manage your compensation.
Whatever your needs – we are likely to have someone that can help.
What Other Information Do You Have on Making a Claim?
If you think you may have a claim, contact us for a free initial consultation. Every case is different, and we would advise you to give one of our friendly team a call to discuss your matter confidentially and with no obligation. You can find out more information, including funding options, time limits, and types of claims, by reading some of our other Medical Negligence FAQs.
How Can I Get in Touch?
Medical negligence can cause significant distress to a person and their family and seriously affect their day-to-day lives.
If you or a loved one have suffered due to medical negligence, we can help you make a complaint or claim against a doctor and/or medical professional.
Please contact our specialist medical negligence team here for free, no-obligation advice.
