YOU AND A HOSPITAL PROFESSIONAL
Unlike the duty owed to you by your GP, the duty of care between you and the hospital professionals may have arisen at the moment when you have presented yourself at the A&E Department complaining of illness. It would be irrelevant whether you have actually seen a doctor or not.
Furthermore, the hospital which you attended will be vicariously liable for any injury you have suffered as a result of the negligence of its employees (unless it is a voluntary hospital other than a hospital under the National Health Service Act 1946).
If you have had an operation performed on you and you believe that you have suffered injury due to the negligence of the medical professionals during the operation, you might find yourself into the difficulty of establishing fault of a particular person. Usually, there are a number of people involved in an operation: surgeon(s), anaesthetist, nurses.
Luckily, if your operation has taken place under the NHS there is no need from your side to prove fault of a particular person as long as fault of a professional authorised by the hospital can be established. In such cases, the hospital will be vicariously liable for the negligence of its employee(s).
Nevertheless, particular fault might be necessary to be proven in cases of private treatment.
In simple terms this is a step-by-step outline of how your medical negligence claim will progress:
- Contact Compensation Solicitors Online for a FREE assessment of your claim. If we believe that you have grounds for a claim, we will be happy to represent you on a NO WIN - NO FEE basis (CFA).
- You should try to collect all the evidence which proves that a medical professional is to blame for your injury.
- You should keep a record of all your medical documents (medical bills, doctors' appointments, prescriptions, payment receipts). This will be used to prove your medical negligence injury and any related financial losses.
- We will then instruct a medical specialist in the field related to your injuries to examine you. The information we obtain from the expert will be used for the purpose of showing that the person who has treated you has in his/her actions fallen below the professional standard of care, i.e. if a competent doctor were in the same situation, they would not have made the mistakes which led to your injuries. Furthermore, the expert will set out in his/her report your injuries and describe what the future holds as to your recovery or continued disability. This will be relevant when calculating the compensation value.
- We will analyse all the information and draft a letter of claim and send it to the medical team responsible for your injuries. This letter will outline how the team was negligent and how this caused you to suffer an injury.
- If the negligent party admits liability, we will try to settle your claim out of court and obtain the best compensation for your injuries.
- If the negligent party denies liability, we will bring your case to court and we will win the compensation which you deserve.
It is our priority to ensure that you get the right medical/rehabilitative treatment as quickly as possible. This can make a real difference in your life.
Generally, personal injury claims have a three year time limit i.e. court proceedings have to be issued at least one day before the third anniversary of the accident , otherwise they will be time barred and you will no longer be able to pursue your claim. (There are a few exceptions to this rule and the court does have some very limited discretion to extend the various time limits). You can still pursue a claim for personal injury after the third anniversary of the accident, you just have to make sure court proceedings have been issued before that third anniversary in order to do so. We will be happy to discuss this further with you.
If you are a minor at the time of the accident, i.e. under 18 then the 3 year limitation date starts to run after you have turned 18. Furthermore, there also a complicated set of rules that allows the 3 years limitation date period to run from the date of knowledge of the incident/accident. These rules normally apply to clinical/medical negligence cases or industrial disease claims, where they may be a long latency period between the incident giving rise to your claim and you first suffering any symptoms and becoming aware of it. The rules on this are technical and we will, once again, be happy to discuss this in detail with you.
There are a variety of funding options open to you. We will discuss these options with you in more detail and where appropriate represent you on a no win no fee basis (also known as a Conditional Fee Agreement).
According to the NHSLA Annual Report and Accounts for 2012, the average time to resolve a claim is under sixteen months.
There are two parts to any compensation claim, consisting of two types of damages:
General damages are calculated as a part of the compensation based on the type of injury and are designed to compensate for pain and suffering and the impact on the claimant's enjoyment of life.
Special damages are the more variable part of the compensation and depend on individual circumstances. The claimant may be able to recover:
- Expenses relating to the cost of living with any disability;
- Expenses to cover services provided by other people;
- Increased accommodation costs;
- Loss of earnings;
- Medical expenses;
- The cost of buying in care.
Establishing the level of special damages to be paid is a crucial part of a compensation claim. Compensation Solicitors Online have experience in compensation claims in cases of medical negligence.
MAKE A CLAIM
If you would like to speak directly to a solicitor for a free and without obligation chat about your case call us on 0203 380 9406 or send us your details, with brief outline, by email to [email protected] and you will receive a prompt response.
WHY COMPENSATION SOLICITORS ONLINE?
Compensation Solicitors Online is a successful, well established firm of solicitors that specialises in obtaining compensation for our clients. We are reliable and we have been running for over 20 years.
We pride ourselves with frequent recommendations from our existing clients. This is due to the straight forward and professional manner in which we deal with our clients and their cases.
Moreover, our specialists in the area of Medical Negligence deal with such cases on a day-to-day basis. We possess the necessary experience and expertise to provide the best quality advice and support for you during your claim.
Contact us today and join the hundreds of satisfied clients whom we have helped in conducting their Medical Negligence and Personal Injury claims and obtaining thousands of pounds of compensation for them.