When the medical professionals we trust to take care of us make mistakes, the consequences can be life-changing. A medical negligence lawyer can help you hold those responsible for avoidable mistakes to account, get answers to the questions you undoubtedly have, and secure the compensation you need to start rebuilding your life.
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What Do Medical Negligence Lawyers Do?
Medical negligence lawyers specialise in helping people who have suffered avoidable harm due to substandard medical care. The demands of their role are far-reaching and include possessing in-depth legal knowledge, an appreciation of medical issues, and extensive litigation experience.
Examples of some of the matters with which a medical negligence lawyer regularly deals include the following:
• Investigating What Went Wrong
A medical negligence lawyer gathers all relevant evidence to piece together a timeline of the medical professional’s conduct and the consequences of their negligence. Their work uncovers precisely how the negligence occurred and establishes that it could have been avoided had the medical professional exhibited the level of care and skill expected of them.
• Instructing Independent Medical Experts
Expert medical evidence is the foundation of every medical negligence claim. Your medical negligence lawyer will instruct the appropriate specialist, such as a consultant, surgeon, oncologist, obstetrician, dentist, or other expert, and arrange for them to prepare an independent report explaining how the treatment you received fell below acceptable standards and caused the harm you suffered.
• Proving Negligence
The mere fact that a medical professional’s conduct was substandard does not necessarily render them liable for negligence. A medical negligence lawyer will piece together the evidence to ensure that it satisfies the legal tests applicable to the law of negligence. Those tests are as follows:
- The medical professional owed you a duty of care.
- The medical professional breached their duty of care.
- The medical professional’s mistake caused the harm you suffered or worsened an existing condition.
Proving medical negligence can be incredibly difficult, but an experienced medical negligence lawyer will be adept at gathering the necessary evidence and presenting it in a coherent and compelling manner.
• Calculating Your Losses
A medical negligence lawyer must accurately value their client’s claim to ensure that they are not under compensated. This involves identifying and valuing any physical harm and psychological damage, as well as any financial losses stemming directly from the medical negligence.
• Negotiating A Settlement
Medical negligence claims are usually brought against NHS Resolution or private healthcare insurers. Your medical negligence solicitor will negotiate firmly on your behalf to secure the best possible settlement terms.
• Representing You In Court
Most medical negligence claims settle without a trial, but if court proceedings are needed, your medical negligence lawyer will represent you throughout the process and ensure you feel supported at all times.
When Do You Need To Instruct A Medical Negligence Lawyer?
If you believe you have been a victim of medical negligence, expert legal support is vital in ensuring that you receive the compensation you deserve.
Strict time limits apply to all negligence claims, including those stemming from medical negligence. The standard time limit for bringing a medical negligence claim is three years from the date the negligence occurred, or the date you first realised your injury was caused by negligent treatment. This time limit is known as the ‘limitation period’. If you miss the limitation period, your claim will be statute-barred, and you will be unable to pursue it regardless of its merits.
There are a couple of important exceptions to the general rule that a medical negligence claim must be made within three years of the date of the negligence or when you became aware of it.
When the patient is a child, their parents can make a claim on their behalf, acting as what is known as their ‘litigation friend’. If they choose not to do so, the child can make a claim themselves when they turn 18. The three-year time limit starts running from their 18th birthday, meaning that they have until they turn 21 to start medical negligence proceedings.
If the patient lacks the mental capacity required to manage their own affairs, the limitation period will not start running unless and until capacity is regained.
Given the inflexibility of limitation periods, it is incredibly important to seek legal advice on the merits of your claim as soon as you feel up to it. Not only does involving a medical negligence lawyer early avoid any limitation issues, but it also makes obtaining evidence far easier, which in turn ensures that your claim is as strong as it can be.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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