If you or a loved one has been injured as a result of medical negligence, you may be eligible to pursue a claim for compensation. However, we know that starting the process can be daunting, especially when you’ve already got a lot on your mind.
In this guide, we’ll explain how to make a claim for medical negligence step-by-step, giving you the confidence you need to start your claim with the Medical Law Partnership.
Am I eligible to make a medical negligence claim?
If a mistake or poor care from a medical professional has resulted in injury, illness, or financial loss, then you may be able to make a medical negligence claim. You must be able to prove that:
- The medical practitioner did not provide you or your loved one with the appropriate standard of care
- The injury or complication you or your loved one suffered was a direct result of that lack of care
Proving medical negligence on your own can be difficult, which is why it’s best to work with a specialist medical negligence solicitor who can handle everything on your behalf.
How to make a medical negligence claim: Step-by-step
Making a medical negligence claim doesn’t have to be complicated. Let’s take a look at each stage of the claims process and what you need to do:
1. Starting your claim
The first step, and the step that requires the most effort from you, is simply to get in touch with a firm specialising in medical negligence to start the claims process, like the Medical Law Partnership. Our team is made up of both legal and medical experts, allowing them to understand every aspect of your case in detail.
All you’ll need to provide is:
- A short description of what happened
- Key information, such as dates and locations (if known)
- Any evidence you may already have (e.g. letters, reports, records)
- Your contact details
A member of our team will give you a call to discuss your claim in more detail, and you can be assured that you’ll be treated with respect, compassion, and the dignity you deserve.
If your claim is accepted, your information will be passed on to one of our paralegals, who will begin the process of gathering evidence and establishing a timeline for your case.
What do you need to do? Starting your claim with the Medical Law Partnership is easy – simply fill out our online form or request a callback from a member of our team.
2. Gathering the evidence
To prove medical negligence, having strong evidence to support your claim is key. Evidence for a medical negligence claim may include:
- Medical records
- Statements from expert witnesses
- Financial records
It’s a good idea to collect as much evidence as you can before starting your medical negligence claim, as it might make your claim more likely to be accepted. You might start by getting a copy of your medical records to demonstrate how you’ve been physically or mentally affected, or by collecting receipts or bank statements that show any expenses related to your injury or illness.
However, we understand how overwhelming this part of the process can be, so don’t worry if you’re struggling to obtain the evidence you need – your designated paralegal will gather all the necessary evidence on your behalf, and let you know where your involvement is required.
What do you need to do? Gather as much of your own evidence as you can to strengthen your claim, and cooperate with your paralegal to help them get the evidence they need. You can find more information in our guide on how to prove medical negligence.
3. Sending your letter of claim
After all the evidence has been collected, a timeline has been established, and a decision has been made about whether your claim is strong enough to pursue, your case will be allocated to one of our medical negligence solicitors.
They will draft and send a letter of claim, addressed to the NHS Trust or private medical professional who was responsible for your care, which will outline the account of events and why we believe they were at fault.
The recipient has four months to respond to the letter of claim, and can either choose to accept liability or deny the claim. If they accept your claim, the next step is for your solicitor to negotiate a settlement. If they deny your claim, it might be necessary to go to court to pursue compensation.
What do you need to do? Your solicitor may ask for more information from you while drafting your letter of claim, but apart from that, there’s nothing you need to do.
4. Negotiating a settlement
Assuming the defendant accepts liability, your solicitor will begin the process of negotiating a settlement. The majority of medical negligence cases are settled out of court, as it saves time, money, and stress for all parties involved.
Of course, no amount of money can undo the suffering you or your loved one has experienced, but your solicitor will negotiate for an amount that helps cover the damages caused. This may include compensation for medical expenses, rehabilitation expenses, psychological damages, and any lost income due to time taken off work.
In most cases, this is the final stage of the claims process, and once a settlement has been reached, you’ll receive a compensation amount.
What do you need to do? Nothing – your solicitor will take care of everything on your behalf.
What to expect if your claim goes to court
If the claim is denied or a suitable compensation amount can’t be agreed upon through negotiations, the case may have to go to court.
You should not be put off making a claim just because you’re worried that it may go to court – it’s uncommon for a claim to go to court, and even if it does, your solicitor will be with you every step of the way to make the process as simple and stress-free as possible.
Your solicitor will prepare all the necessary court papers on your behalf, including the Particulars of Claim, which outlines why the claim is being made and why we believe the defendant is responsible legally and financially.
After the Particulars of Claim has been filed, the defendant has 28 days to file a defence. Your solicitor will keep trying to negotiate a settlement until the court hearing, in which representatives for both parties will appear before a judge.
If the judge rules that the defendant did behave negligently and was therefore directly responsible for the injury or condition caused, compensation will be awarded and a timetable of payment will be arranged. The defendant will also be required to pay your legal costs.
Our no-win, no-fee promise
At the Medical Law Partnership, we typically work on a ‘no-win, no-fee’ basis, which means if your claim is unsuccessful, you will not pay any legal fees, and you won’t owe us anything. If your claim is successful, a small percentage of the compensation awarded is used to pay our legal costs. Our no-win, no-fee approach to funding claims means there’s no financial risk if you decide to make a claim with us.
We understand just how daunting it can be to make a claim for medical negligence, and that’s why our priority is to make the legal process as straightforward and stress-free as possible. We’ll handle all the legal complexities, keep you updated at every stage, and ensure you understand your options without any pressure.Start your medical negligence claim online today or request a callback from a member of our team.