Typically claims don’t make it past litigation in the United Kingdom. If they do courts tend to not rule in favor of the plaintiff and this has been an issue several hundreds of people find themselves facing when they’ve suffered medical negligence.
The majority of cases are typically settled outside of court when they are successful. A resolution being made as a settlement.
However, this is rare when you do not seek the advice of a solicitor. Statistics show that less than 20% of cases are ever settled in court in favor of the plaintiff.
The main issue with medical negligence is that there is a gray area. A doctor, surgeon or even dentist must provide you with a certain level of care. This duty of care is difficult to establish for many judges since a panel is involved of other professionals in the same industry.
Essentially if they would have done the same thing then it’s not negligence according to the courts.
The problem with medical negligence, now known as clinical negligence is that this duty of care is actually to do with your well-being and not whether or not they acted in accordance with their own so called best practices.
If you were not treated with care and this reasonable degree of care was not met in your opinion then you do have the right in the United Kingdom to make a claim for medical negligence. The importance of a ‘solicitor’ can’t be stressed enough in this situation. If your well-being has suffered as an individual then you have a strong case with a solicitor in your corner.
It does not matter how they have mistreated you – although solicitors will go over this with you. It can be misdiagnosis, prescribing medications you did not need or any other number of things. If you have suffered as a result of their judgement or actions then that’s when you need to get in contact with someone.
Starting a clinical negligence claim with a solicitor can be the easiest way forward and relieve the stress you would have added on from handling the claim yourself.
Typically (unless you are under 21 when the negligence occured) then you have to make the claim within 3 years. Medical incapacity is another reason, or grounds for why the 3 year rule will not count. Talk to your solicitor about this if you feel you may have grounds to make a claim outside of the 3 year rule.
Many solicitors today, especially medical negligence solicitors will take on your case on a no win no fee basis. For this reason seeking out a specialized solicitor to represent your interests may be the best option for many who can’t afford the legal costs of hiring a regular solicitor.
The best part about this is actually that a specialist solicitor is far more qualified to represent you if they specialize in the field of clinical negligence as they know all the laws inside and out.
There’s no reason to be afraid of making a claim, however it can be a daunting prospect so we hope that getting informed on a few of the facts and less-known information will help you make the decision that’s right for you.