7 ways to assist your medical negligence claim
If you’ve been injured as a result of negligent medical treatment, you may be able to take legal action for compensation. Every medical negligence case is different and varying factors will influence the success of your claim.
However, there are ways in which you can assist in the smooth-running of your case to ensure the best possible outcome. Gathering pieces of evidence where possible will help your legal team establish if liability and causation are applicable to your individual case.
This is not intended to be legal advice, but self-help tips that could help protect – or prevent – a medical negligence case.
1. Sign consent forms with confidence
Read them carefully and without feeling pressurised into signing. Ensure you understand the risks/benefits of treatment, any side effects, and other options available to you. Only sign if you are completely comfortable with the decision you are making.
2. Ask for a second opinion
You have a right to question your health professional’s medical opinion if you don’t believe it to be 100 percent accurate. Misdiagnosis leaves you at risk of improper medication or treatment which c
3. Use PALS (Patient Advice and Liaison Service)
If you’ve been a victim of medical negligence, make a formal complaint to the NHS PALS. This is the starting point for most solicitors in a medical negligence claim. They’ll want to see the responses you receive and if negligent parties acknowledge a mistake.
n lead to further complications. Ask for a second opinion where necessary.
4. Keep records
Solicitors will need as much information as possible, so it will help if you keep a record of everything that’s relevant to your treatment and any paperwork you’ve received if you’ve been through the complaints procedure. It is wise to keep a record of any consent forms you sign or medical appointment cards you receive to assist in the complaints process. Take photos of any physical or visible injuries you endure. Also, keep a record of any expenses you’ve had to pay and any loss of earnings as this will be used as part of a claim for damages.
5. Think time limits
Unlike other firms, we do not shy away from cases with time difficulties. Generally speaking, you have three years from date of incident in which to make a claim for medical negligence. If a claimant is under 18 at time of injury, they have three years from their 18th birthday to make a claim (i.e. their 21st birthday). At Medical Solicitors, we assess cases based on likelihood of success and don’t automatically turn away clients close to time expiration.
6. Be consistent
You will be asked exactly what happened to you numerous times during the course of your case so it is important you stick to your version of events as best as possible. Medical records will back up your testimony and fill in any gaps you may have. Inconsistency could result in your case falling through.
7. Instruct a specialist medical negligence solicitor
Medical negligence is a complex area of law so it is imperative you have a specialist solicitor dealing with your claim. They will look at your case and decide if they think it is strong enough for them to take on with a reasonable chance of success. Generally speaking, a good medico-legal firm works with a range of medical and legal professionals who will cross-examine evidence and give their professional opinion to add strength to your case. At Medical Solicitors, our sole focus is medical negligence claims and our experienced team handle all cases proficiently, meaning unnecessary delays are diminished. Read our blog post about the value of a specialist medical solicitor for more information.