Medical negligence is any malpractice (professional negligence that causes harm, injury, or loss to a patient) that happens when healthcare professionals deviate from the legal standards of their profession. It can be really overwhelming discovering you have been a victim of medical negligence. Here are five simple steps you can take to support you through the process.
Recognise the Signs of Medical Negligence
There are many different ways medical negligence can occur, and the severity of each case will be different for each individual. A common example of negligence is misdiagnosis, where a professional has failed to identify a condition either at all or too late which has led to symptoms worsening. Another example is birth injuries, where harm has been caused to a mother and/or baby due to errors being made during pregnancy, labour or delivery. There are red flags you can look out for to recognise the signs of negligence, some things to look out for are your symptoms worsening after treatment, you feel dismissed during appointments, test results were lost or not acted upon. These red flags don’t mean there is definitely negligence but they can be good indicators.
Gather Evidence Immediately
To build a strong medical negligence claim it is important to get as much relevant information as you can to support the claim and by gathering it immediately it reduces the chance of you forgetting key information and missing critical details. In addition to this, health professionals may be less willing to give out information further down the line knowing it may be for legal reasons. Here are some examples of the types of evidence you should collate:
- Medical records
- Appointment notes
- Prescriptions
- Photos/videos of injuries
- Timeline of events
Seek a Specialist Medical Malpractice Solicitor
One of the most important parts of a medical negligence case is working with a medical malpractice solicitor who has expertise in this area of law. This is crucial due to their complexity and emotional nature. A specialist solicitor possesses the necessary understanding of how negligence occurs, what specific, detailed medical evidence and expert reports are required, and the best strategies for securing the optimal outcome for their clients.
Undergo an Independent Medical Assessment
During a medical negligence claim, you are usually asked to have an independent medical assessment by an unbiased medical expert. This assessment is really useful to document the extent of the harm caused by negligence and without it, it can be very difficult to prove negligence even when it might seem obvious. This is another reason why to use a specialist solicitor as they will organise the independent medical assessment for you.
Understand the Claims Process
A medical negligence claim can feel really overwhelming especially when you may already be struggling as a result of the negligence. Your medical malpractice solicitor will take you through the process each step at a time, however understanding the key stages can make you feel more in control of the process. Below is a really simple step by step of the process:
- Initial consultation
- Investigation
- Letter of claim
- Negotiation
- Settlement or court proceedings
Conclusion
After discovering the signs of medical negligence, you may now think you are a victim of negligence. You know what you need to do immediately and to find a specialist medical malpractice solicitor like Been Let Down to guide you through the process and get you the compensation you deserve.