Stages of a Medical Negligence Claim

Post 31 of 33

One of the worst things that a person can experience is going ill to hospital and getting out of there even sicker; every day, we trust our doctors, physicians, surgeons or dentists to treat our diseases, illnesses, disorders and ailments, and every day we place our lives into their hands. Yet they are human, just like us, and thus prone to error in the same way. Although they are rare, cases of medical negligence still occur daily around the world; sometimes they are minor and can be fixed easily, but other times their effects are so grave on the patient that they worsen their conditions, or stay with them for the rest of their lives. What other option do these people have, other than filing a medical negligence claim?

Negligence Claim Negligence Claim picture

For those who, unfortunately, were faced with similar situations, we have come up with a few things that you need to know about a negligence claim. First of all, know that it will not be easy; you will have to find a solicitor, gather evidence of malpractice, repeat and repeat your story again, and many other heart- and time-consuming details. But giving up on getting justice just because it is difficult shouldn’t be an option for you. You have rights you must take advantage of, and you must be compensated for what was done to you.

The first thing that you need to do when you want to submit a negligence claim is to find a good solicitor; search for those in your area and shorten your list by having individual meetings with them and seeing what experience they have. You will be forced to spend a lot of time with your solicitor, which is why it is important to feel comfortable with them, and to feel like you can communicate and that they are not doing this just for the money. When you’ve hired someone, the next step will be to document your case. In an ideal situation, your solicitor will also provide you with a team of researchers who will help you gather all the necessary information for your case.

Negligence Claim Negligence Claim picture

When you prepare a negligence claim, you don’t necessarily expect to go to court, excepting cases where the malpractice was so grave that the doctor or physician in question needs to answer in front of the law as well. For less serious cases, where it was possible or is possible for the patient to recuperate, the hopes mostly go towards reaching an understanding with the doctor in question, or the institution he is part of. Furthermore, if you go to court, you need to know that a negligence case is made from elements, or stages, where the plaintiff shows and methodically proves the negligence.

Thus, when preparing your claim, you first need to prove the breach of duty on the part of the accused professional; you have to show what their duty was and how, through which steps they failed to provide that care. Causation is your next concern, which is where you demonstrate how the misguided actions of the accused caused you injury and damage, at at physical and/or mental level. This can be done partly by gathering all possible information about your treatment and how your doctors acted, and even finding witnesses if possible.

Finally, it is important you know that a negligence claim case can last between one year and a half and three years, depending on how well you are able to prove malpractice. So get all the courage and determination you can and hang in there if you know you deserve compensation.

Tags: , , ,