Claiming Medical Negligence Compensation
All professionals, including those in the medical field, are expected to adhere to a standard of practice as defined by their professional body, such as the British Medical Association. If a medical professional, such as a doctor, nurse or even a dentist, makes an error when treating or diagnosing a patient, then they may be guilty of medical malpractice. If this is the case, and the patient suffers injury or distress, than the patient may be able to file a claim for compensation.
As may be expected making a claim for compensation against a medical professional can be a long, drawn out and very involved process. Because of the complexities involved in making such a claim the claimant will need to employ a specialist solicitor to help them take the claim forward.
But, care and time must be taken to ensure that the right solicitor is found. One that can be relied upon to obtain the best settlement possible. Usually the best way of finding a suitable solicitor is by personal recommendation from a friend or work colleague. Word of mouth recommendations are usually the most reliable method of finding a good lawyer or compensation solicitor.
In the UK most compensation solicitors will offer to take cases on a ?no win no fee? basis. Also known as a 'conditional fee arrangement' this means that all the solicitors fees will be waivered in the event of losing the case. However, because of this layers will not take on any case that they think they may lose; this can make finding a solicitor who will take on the case a frustrating and time consuming process.
Once a suitable lawyer has been hired the lengthy claims process begins with the lawyer firstly gathering all the available evidence. This will of course focus on the medical records of the claimant including the names of the doctors, the name of the clinic or hospital, the types of treatments used, the type of surgery performed, the medication given, the tests taken etc, all these are vital for the lawyer to be able to prove a case of medical negligence.
The lawyer or compensation solicitor will then hand all the facts of the claim over to their own medical experts for an opinion as to the extent of the malpractice. This expert will advise the solicitor if there was medical negligence on the part of the offending medical practitioner.
Eventually the solicitor will propose a settlement figure which the medical professional?s insurance company may or may not accept. But, if the medical professional disputes the facts of the case or considers the proposed settlement figure to be too high than it will be necessary for the claim to be settled in a court of law.
The legal process will be a long one and there are very rarely any shortcuts that can be taken. Even in cases were there is no real dispute about the facts the hammering out of the final settlement figure can take a very long, and frustrating, time to agree.
How To Claim Compensation UK is not associated with any lawyer or solicitor and offers free resources for anyone looking for information on claiming compensation within the UK. Visit How To Claim Compensation UK for advice on claiming compensation for industrial, personal or legal injury.
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