Severely understaffed and strapped for cash, the NHS is paying out more than £2bn a year on claims of clinical negligence. If you have suffered from the consequences of the organization facing unsustainable pressures, here’s how to go about proving your case to the courts.
Understanding medical negligence
What Is Medical Negligence?
Medical negligence occurs when a healthcare professional fails in their duty of care to a patient. Examples include:
- Misdiagnosis and misprescription
- Poor post-operative care
- Leaving a foreign object inside the patient’s body after surgery
- Injury to the mother or baby in pregnancy or childbirth
If this failure causes avoidable harm, whether directly or indirectly, you could be in a position to make a claim for compensation to cover related financial costs.
The process of proving negligence
Whatever the specifics of your case, there is a standard process for proving clinical negligence.
Contacting Specialist Solicitors
First and foremost, contact specialist solicitors who can help with medical negligence claims, offering representation and valuable advice on the process from start to finish. Their expertise in dealing with these kinds of claims will ensure the route to compensation is as smooth and stress-free as possible.
Establishing Negligent Care
You must start by establishing if you received care that didn’t meet the expected standards. In legal terms, this is referred to as a breach of duty. You must then make it clear exactly how this professional failure caused you harm. This is known as causation.
Having clarity on what happened and how it affected you enables your solicitors to confirm whether or not you have a claim, and provide them with key details as a strong foundation for the next step.
Gathering Evidence
Once your lawyer has confirmed that you have been the victim of negligent care, you should start compiling your evidence. Gather any documents that you have from the time that support your claim, such as:
- Medical records
- Photographs
- Witness statements
- Letters of complaint
You will also have to make a statement that can be supported by an independent medical report from an impartial professional. They will review the records of your symptoms, diagnoses and the treatment you received at the time and give their expert opinion on whether or not the care was negligent.
Claiming The Compensation
To claim the compensation you deserve, you need to figure out how much the negligent treatment has cost you. This could include:
- Loss of earnings through prolonged time off work
- Travel expenses between appointments
- Cost of medicine, counseling and physiotherapy
- Equipment or mobility aids you now need
Do a thorough assessment of your expenditure and provide receipts as evidence to your solicitor where possible.
