Making a Clinical Negligence Claim with a Compensation Lawyer
People who believe that they have suffered harm as a result of mistakes made by medical professionals who were caring for them may be able to claim compensation with the help of a compensation lawyer. When patients are treated by medical professionals, that professional has what is called a duty of care. This means that they are responsible for acting correctly and generally taking proper care of a patient. Some of the most commonly occurring examples of clinical negligence are maternity errors, delayed diagnosis and poorly performed surgery.
For some patients who have been injured by a professional’s negligence, there is no need to contact a compensation lawyer. Many patients, particularly those who suffered only minor problems, are happy enough to receive an apology and some sort of guarantee that the same problem will not happen again to another patient. This is why it is always advisable to make an informal complaint to the medical professional in question first. If this does not lead to an acceptable resolution, or the patient doesn’t feel able to do so, they can make a formal complaint. Each and every health trust and doctors surgery will have its own procedure for making formal complaints. Also, there are independent authorities such as PALS (Patient Advice and Liaison Service) which can be of assistance. Apologies and occasionally monetary compensation are generally the result of such complaints.
If after exploring these avenues the patient remains dissatisfied, they can of course consult a compensation lawyer. To begin with, the compensation lawyer will go about obtaining medical records and having them inspected by a medical professional before deciding whether or not there is a case. This area of the law is complex because it must not only be proven that there was negligence, or a failure in the duty of care, but also that that failure directly contributed to the injury.
A solicitor will have a good idea how likely a case is to be successful and will begin legal proceedings if the chances are good. Legal time restrictions dictate that cases must be made within three years of the negligence. Patients may be able to find a compensation lawyer willing to handle their case on a no win no fee basis.