My Medical Negligence Claim - Do I Really Need a Solicitor?

Lawyers and barristers can cost a lot. You don't want to waste resources in case your claim isn't successful, so you think about tackling this medical negligence by yourself. Stop! Think again, because medical law can be a tricky area with many complexities; you are likely to find yourself in a worse situation, without anyone professional to advise you.

An analysis of medical negligence claims {also referred to as clinical negligence claims} handled by the NHSLA since its inception in 1995 shows that 35% were abandoned by the claimant, 43% settled out of court, 1.5% have settled in court in favour of the claimant, 0.5% settled in court in favour of the NHS and 20% remained outstanding.

Surely it can't be so complicated and you may think you have strong evidence of loss. Lets have a think about what things you need to be considering.

Even if you are sure you were a victim of medical negligence, it doesn't mean you were according to the Law. You will need strong proof that:

1) Your injury and loss are true;

2) Your loss was caused by the person you are accusing;

3) There was a duty of care or medical negligence which caused the injuries.

You might have witnesses, but a Court won't take them into account if the doctor can prove he acted by following a reasonable medical policy.

Not only this, but are you aware you only have 3 years to make a claim? Maybe you started to feel the injuries after a long time. So can you bring a claim 7 years after a negligent incident which has caused injury or illness? Do you know what to look for in medical records? Do you know the right kind of medical specialist to instruct to help your case? This is exactly where an experienced medical negligence solicitor can be invaluable. And it is a complex area of law - so you do need a solicitor who really specializes in this area, preferably one who is on either the Law Society Medical Negligence Panel or the AVMA panel - ideally both.

So, you decide that your claim is worth persuing. Where do you start?

1) Prepare your claim in writing.

2) State the facts in chronological order with names of hospital and doctors.

3) Explain what treatment you received and why you believe that your doctor/surgeon etc was negligent. Do say if you have already lodged a complaint and what happened as a result of this.

Once you have this information, weigh up again whether your case is worth legal proceedings. If your answer is yes, a medical negligence solicitor will help you through the stages and make the process as fast and hassle free as possible.