If you’ve been the victim of medical negligence, it can be an extremely stressful time. Aside from the injury itself, you might be overwhelmed by the thought of how to arrange a compensation claim. However, the process doesn’t have to be that difficult. Read on for a guide to compensation for medical negligence.
What is it?
Medical negligence is when a medical professional has provided you with substandard care that has resulted in an accident or an injury – or if it has made a pre-existing condition deteriorate. This can occur via mistreatment, misdiagnosis or failure during surgery. In this situation, you’ll have the opportunity to claim compensation.
How to start a claim
These cases require a complex understanding of the law, so it’s best to begin by approaching medical negligence solicitors. As part of this process, you’ll most likely need a medical exam to establish the extent of the injuries you suffered. On top of this, you’ll also be asked to verbally establish what has happened to you and the effect that this has had on your life.
Restrictions on claims
Even if you don’t feel quite ready to pursue compensation straight after the injury, it’s worth bearing in mind that there are time restrictions on claims. If you’re over the age of 18, you usually have three years to make your claim. There are exceptions though. Someone who was mentally incapacitated by the incident has no such time limit. Plus, children have until they turn 21, regardless of when the incident occurred. And if the victim dies within three years of the incident, then their relatives get another three years to make a claim.
What do you need to prove?
Essentially, the case needs to show that a professional went outside of what was expected from your treatment and made a costly mistake. The medical professional needs to have breached their duty of care, leading to physical or psychological harm. And it needs to be obvious that the breach of care caused this problem.
How much compensation could you receive?
Compensation depends on the extent of the damage caused and the overall impact it has had on your life. This will consider your age and your economic status.
Claiming medical negligence can feel daunting, but by following the guide above you should feel prepared to approach the situation.
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