What are medical negligence claims?
If someone has been injured as the result of careless or substandard medical treatment, they will expect an explanation of what happened. Additionally, if they are suffering pain or loss of mobility, or they are bearing a loss of income and extra costs for care, then they may be entitled to claim compensation.
There are many types of incident that could be the precursor to an injury, and thus constitute medical negligence. For example:
- The failure to obtain consent before an operation
- An incorrect or delayed diagnosis
- Prescribing incorrect medication
How difficult is it to prove medical negligence?
The first step is to consult a solicitor who has experience in this area of law, as medical negligence claims are complex and will be vigorously defended. There are two components to proving medical negligence. Firstly, you must establish that a health professional was negligent, in that their care was below medically acceptable standards. Secondly, you must prove that this negligence directly caused your injury.
Do medical negligence claims have a high success rate?
Since 2000, the success rate of medical negligence cases funded by legal aid has risen from 25% to 37% of all cases started. However, up to 50% of cases started do not progress beyond the initial stage of investigation, due to adverse medical evidence; therefore the actual success rate may be as high as 75%. For claims involving catastrophic injuries that require a great deal of medical evidence, the success rate is around 91%.
Is there a time limit for making a medical negligence claim?
You should act without delay, as there is a three-year time limitation in which to start legal proceedings. That is, three years from the date of the incident; or three years from the date you realised that you had been injured or made ill, through medical negligence.
Is legal aid available?
Legal aid is available at present. However, there are strict financial criteria to fulfil, in order to qualify. In addition, your case must have about a 60% chance of success. If you win your claim, a deduction could be made from your compensation to cover legal fees, called a statutory charge. If you do not qualify for legal aid, your solicitor may offer a no-win, no-fee agreement, if your claim has a reasonable chance of success.
- Last Updated on 19/09/2011
