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Things to Consider Before Making A Medical Negligence Claim

By Jamie Simpson

Republish: EasyPublish™
Published: 19Nov2011
Word count: 505
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Before any claim or lawsuit is filed, a few things need to be considered first. Medical negligence claims are not easy cases to win because the person filing must prove that a medical professional caused harm to them in some way during their treatment or stay with them. Paperwork must be filled out, medical records must be released and a lawyer should be hired.

Examples of Medical Negligence

An important thing to consider before making a medical negligence claim against a doctor, nurse, clinic or dentist, is to make sure that medical negligence has occurred. Some examples include not enough anesthesia during surgery causing a person to be awake or experience pain; delay in diagnosis; delay in performing cesarean section; misdiagnosis of cancer or other illnesses; infections caused during surgery mishaps; cerebral palsy due to problems in delivering a baby; plastic surgery mistakes; or inappropriate treatment are all examples of medical negligence performed by doctors or physicians. Once it has been determined that medical negligence has occurred, people should look into filing a claim against the responsible party.

Proving a Claim

The next thing a person needs to consider before making their medical negligence claim is if they have a case. They must prove that any injury or illness resulted because a medical professional did not live up to the patient's expectations. This can usually be proved with medical documentation. A person has three years in which to file their claim. The starting date begins when the injury or illness occurred or when treatment began. A parent may file a claim for a child under 18 years of age. Without solid evidence, a medical negligence claim may backfire and the insurance company may not compensate the person for their medical bills and treatment. The sooner a case is filed and a solicitor is hired, then the better chance the person has of proving the medical negligence and receiving compensation.

Hiring a Lawyer

A solicitor should be hired to handle these types of cases. People who are not familiar with the legal system may be cheated out of compensation or may not be able to prove their case in court or with opposing counsel. It would be a good idea to hire somebody who knows the law and knows how to handle other attorneys and insurance companies. It is their job to examine the case and proceed with paperwork and settlements. Insurance companies do not want to give out money, so they may take advantage of someone who does not have any legal experience.

Some solicitors get paid by the No Win, No Fee rule. This means that if their client does not win their case, they do not get paid. Other solicitors make an agreement where if their client wins, they get a portion of their compensation. In rare cases, fees are paid up front. Researching different solicitors and their payment methods is important.

These are crucial things to consider before making a medical negligence claim.

For more information on medical negligence

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