Medical negligence cases are a complex area of law. The rules that apply to these cases can be difficult to understand and even harder to prove. There are several important factors that you’ll need to consider when making your claim for medical negligence, including how long ago the incident occurred and whether you’re able to get your hands on any relevant evidence from doctors or other medical professionals.
Every case of medical negligence is different.
Medical negligence is a broad term that covers a range of different types of mistakes made by medical professionals. It can be committed by doctors, nurses or other healthcare professionals working in hospitals, clinics and other settings.
It’s important to note that you don’t need to prove that the doctor acted with malice or intentionality (or even recklessly) in order to win your claim for compensation – all you need to show is that they failed to meet their professional standard of care while treating you.
You need to show that your health was put at serious risk.
To bring a claim for medical negligence, you need to show that your health was put at serious risk. You also need to show that the treatment was negligent and that the negligence caused the injury or illness. In addition, there must have been a serious risk of harm (not just any risk), which should have been foreseeable by anyone with reasonable care for their patients’ welfare.
You’ll need to prove a link between the negligent act and your current condition or symptoms.
You’ll need a solicitor to help you prove this link. To do so, they will need to show that there was no other explanation for your injuries and symptoms. For example:
- If you were in an accident at work, it’s possible that your current condition may have been caused by factors such as stress or poor working conditions rather than just the accident itself. In this case, it would be more difficult for your solicitor to prove negligence on behalf of their client (the employer).
Evidence from doctors and experts can be crucial in proving your case.
Medical experts can help you prove your case.
In some cases, medical experts are called on to give evidence in court. In these instances, they will need to provide the judge with their opinion on why their client has been injured and how it happened. They can also provide information about what procedures should have been carried out by the doctor or hospital concerned in order for them not to have suffered any harm at all.
There are many different types of expert who could be asked by a lawyer representing someone who has suffered because of medical negligence:
- A specialist in radiology (X-ray) may be asked about whether there were any problems with an X-ray taken during treatment which led to further complications later down the line;
- An anaesthetist might be called upon if there was too much sedation given during surgery;
- A pathologist might give evidence about whether infection was present at the time when stitches were put into place following an operation;
Patients aren’t always aware of their rights or unaware of the details of their treatment.
Patients are often unaware of their rights and the details of their treatment. They should keep a diary of their treatment, recording who they saw, when they saw them and what was discussed. If you can’t remember exactly what was said to you or how it was carried out then speak to the person who delivered your care (e.g., doctor) as soon as possible after being discharged from hospital or at another appropriate time if this has not already been done.
It’s important to act quickly, gather any evidence you can and establish a paper trail of every time you made an attempt to contact the hospital
As soon as you suspect that you or your loved one has been the victim of medical negligence, it’s important to act quickly. You may think that if you take too long, the hospital will find a way out of paying compensation. However, there are many ways in which they can do this – so it’s vital that you gather any evidence and establish a paper trail of every time you made an attempt to contact them.
For example: If someone dies as a result of medical negligence while under care at hospital A but was originally admitted from hospital B because he wasn’t well enough to travel – then we would need evidence showing how many times each party attempted contacting each other before admission took place (and after). This includes letters sent by post/email etc., phone calls made on behalf of either party by their respective solicitors/lawyers etc., emails received back from those same people…
The best way to ensure that you have the strongest possible case is by seeking advice from a specialist medical negligence lawyer as soon as possible after your injury or illness.