What is a Medical Negligence Claim?
Have you been let down by the medical sector? When the care you or a loved one has received is substandard, you could be entitled to compensation.
Medical negligence claims have increased over the past decade. Whether you have suffered mental or physical harm due to a poor standard of care, you have the right to seek justice. Here, you’ll discover more about medical negligence and whether you might be eligible for a claim.
What is medical negligence?
The definition of medical negligence is a substandard level of care which results in direct harm to the patient. It can occur in both the NHS and the private sector. Whether the problem occurred during your GP appointment, surgery or aftercare, if you were physically or mentally harmed it is considered clinical or medical negligence.
When negligence occurs, patients are entitled to make a claim. However, there are some eligibility criteria you’ll need to meet beforehand.
Are you eligible?
In order to be eligible to make a clinical negligence claim, you’ll need to meet a number of criteria. These include:
- The incident must have taken place in the past three years
- You’ll need proof of the negligence
- Medical witnesses to back up your claim
In most cases, claims do need to be filed within three years of the negligence. Having proof to back up your claim is also essential. This includes records of your case and notes relating to medical opinions. Then, you’ll need medical witnesses who can support the claim.
Also consider how you will fund the claim. Legal fees aren’t cheap, but you can opt for a no win no fee solicitor. That way, you’ll only need to pay if you win the case.
How long do claims take?
Medical negligence claims can take quite a while to complete. From the initial filing through until court proceedings, it can take from 18 months to more than three years. However, it’s important to note that most cases don’t make it to court. This is because the medical sector prefers to settle claims before they make it to the courtroom.
This is just a basic overview of what medical negligence is. Whether you or a loved one have received a poor standard of care, if it led to direct harm, you may be entitled to compensation. Just make sure you have proof and you file the claim in plenty of time.
