Medical Malpractice And Compensation Claims

by Craig Ellyard

Medical negligence occurs when a doctor, dentist or any other medical professional makes a mistake in diagnosing and, or, treating a patient, resulting in injury or trauma to that patient. In cases such as this, where the medical practitioner has not carried out their work to the professional standards that they are expected to practice, the patient may be entitled to make a medical negligence compensation claim against them.

As may be expected making a claim for compensation against a medical professional can be a long, drawn out and very involved process. And, because the procedure is so lengthy and complicated, it is always in the best interests of the claimant to hire a specialist compensation lawyer to file the claim on their behalf.

Unfortunately, choosing the right solicitor or lawyer can be just as difficult. Usually the best way of finding a suitable solicitor is by personal recommendation from a friend or work colleague. Word of mouth recommendations are usually the most reliable method of finding a good lawyer or compensation solicitor.

In the UK most compensation solicitors will offer to take cases on a 'no win no fee' basis. Also known as a 'conditional fee arrangement' this means that all the solicitors fees will be waivered in the event of losing the case. However, because of this layers will not take on any case that they think they may lose; this can make finding a solicitor who will take on the case a frustrating and time consuming process.

Once a suitable lawyer has been hired the lengthy claims process begins with the lawyer firstly gathering all the available evidence. The most important evidence of course will be the medical records of the claimant and details of the treatment given or diagnosis received. These records will be the foundation on which the case is built and will enable the solicitor to prove that medical malpractice has taken place.

The lawyer or compensation solicitor will then hand all the facts of the claim over to their own medical experts for an opinion as to the extent of the malpractice. This expert will advise the solicitor if there was medical negligence on the part of the offending medical practitioner.

Once the medical experts have had their say the claimants solicitor will propose a settlement figure for each party to consider. But, if the medical professional disputes the facts of the case or considers the proposed settlement figure to be too high than it will be necessary for the claim to be settled in a court of law.

The legal process will be a long one and there are very rarely any shortcuts that can be taken. Even in cases were there is no real dispute about the facts the hammering out of the final settlement figure can take a very long, and frustrating, time to agree.

About the Author
For free and independent information on all aspects of claiming compensation in the Uk visit http://www.how-to-claim-compensation.co.uk/ - the leading independent online resource for those who may be looking to claim compensation for personal injury, accidents at work or medical negligence http://www.how-to-claim-compensation.co.uk/