When you book a procedure or an appointment with a medical professional, you expect the utmost in professionalism and knowledge. You visit a doctor trusting that they will make the right and best decisions for your health and that you will be in good hands. Unfortunately, that isn’t always the case, and sometimes medical negligence can occur.
Medical negligence and medical malpractice claims aren’t as rare as you may think, and here in the UK, they are on the rise. In fact, a recent study shows that the claims could double by the year 2023, amounting to as much as £56.1bn.
A medical negligence claim isn’t something that is ever taken lightly and it involves a very in-depth claim process. Victims of a medical negligence in the UK are encouraged to seek professional help immediately, in the form of medical negligence lawyers. These lawyers will be the ones to walk them through the process, explain what constitutes medical negligence claims UK, and what their outcome may be.
Medical Negligence Claim
The whole point of a filing a medical negligence claim is to be awarded compensation, which is determined by the specifics of the case. So, why is it so important to get compensation? What is this compensation meant to cover and what should you be aware of? Let’s take a closer look.
What Exactly is Medical Negligence?
In order to understand why the compensation is so important, it’s imperative to understand what medical negligence is, and what it means to the victim of the claim. In simple terms, it is negligence that has occurred as a result of medical malpractice, misdiagnosis, a medical accident, or a preventable issue.
This can include things such as pregnancy malpractice that result in negligence to the mother and/or child, a cancer misdiagnosis, or a problem that occurs during surgery brought on by the medical staff’s negligence.
While some of these issues may not be life-threatening, or life-altering, some medical negligence can cause lasting and serious damage to the individual.
How Soon Do You Need to File a Medical Negligence Claim?
One of the most common questions people have after they suspect they are a victim of medical negligence is how soon after they must file a claim. Ideally, you want to get in contact with the best medical negligence solicitors as soon as possible. The Medical Negligence Experts outline on their website that the claim must be brought within 3 years of the treatment that was received. The only exception to this rule is if the consequences were not realised for a long period of time after the negligence.
By contacting medical negligence solicitors early on, you will most likely find it easier to remember the details of the situation, which is helpful for your claim.When too much time passes by, details start to slip and you may end up putting your claim at risk.
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How Much Can a Person Claim as Compensation?
Getting around to compensation, another common question is how much a person is allowed to claim. There is no set answer as it depends on the individual case and circumstances. Again,this is why professional solicitors are so useful, as they can provide you with a baseline of what kind of compensation you can ask for.
The compensation is based on person’s future losses, earnings missed out on, the level of the negligence, your care moving forward, etc. The award amount will fall into two categories, which are special damages and general damages. The idea is that the compensation covers pain and suffering so that your recovery can go as smoothly as possible.
Will You Be Forced to Go to Trial?
While you may be on-board with filing a claim, the idea of going to trial isn’t exactly appealing to the majority of people. The good news is that in the majority of these cases they don’t end up going to trial. They are usually settled before a trial would take place, which alleviates some of the stress and worry that the victim is going through.
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What Can the Compensation Be Used For?
If you are successful in your claim, the idea is that you will then be able to use that compensation to pay for such things as medical bills, on-going treatment,and therapy, as income if you are unable to work, and to help you go about your daily life as normally as possible.
Again, compensation may need to cover a lot more than just the basics if the medical negligence resulted in a serious health issue.
Think Through Your Options Carefully
If you are a victim of medical negligence the first thing to keep in mind is that you need to protect your best interests, which means contacting a solicitor immediately. Depending on how severe the outcome is, you may not be able to work again which means your life is forever altered. Compensation can help you go about your life as normally as you possibly can.