Things to be wary of when starting a medical negligence claim 

According to NHS Resolution data, in 2020/21 there were 12,629 medical negligence claims brought against the NHS. If you’re one of the thousands of people who have suffered from medical malpractice at the hands of a healthcare provider, it’s only right that you seek compensation.  

However, if you’re thinking of bringing a medical negligence claim, there are a few things you need to be aware of. The good news is that we’ve done all the hard work for you below.  

Medical negligence claims are time sensitive 

Medical negligence claims are time sensitive, so if you want to make a claim you must do it within the given timeframe. Although it can be difficult after you’ve suffered from medical negligence to bring a claim straight away, if you fail to follow the guidance set out in the Limitation Act, you may be too late to bring your claim.  

Generally speaking, you have three years from the date you first became aware of the problem to make a claim.  

Medical negligence claims can take a while  

How long your GP negligence claim will take depends on a number of factors, including how complex your case is. Some of the factors that can affect how long your claim will take include the type of injury you’ve suffered, how complex your case is and whether the defendant admits liability.  

You also need to prove causation. Doing this can take considerable time which is why most claims take between 18 months and three years, but this could be longer in more complicated cases.  

You’ll need evidence  

To bring a GP or medical negligence claim, you’ll need to provide evidence for your claim to be successful. Without evidence proving what happened to you, you are highly unlikely to be able to win your case.  

  • Some of the most common types of evidence include: 
  • Your medical records 
  • Expert medical witnesses – these witnesses can explain how and if your long-term symptoms are because of medical negligence  
  • Witness statements  
  • Copies of communication between you and your doctor, explaining what was said  

Without the above, it will be difficult to prove your hypothesis.  

Compensation is based on a number of factors 

Although we’d all like to think we could get millions of pounds paid in compensation, the amount you receive will be calculated based on several factors. Normally, the court will consider things such as the severity of the injury, your recovery, the impact on your life and your loss of earnings amongst other things to come up with a fair sum.  

Final thoughts… 

If you’ve received substandard medical treatment, it’s only right that you wish to bring a claim. However, for your claim to be successful, you’ll need to ensure you bring the claim within the allocated timeframe and provide the right evidence. If you do this, you’re well on your way to bringing a successful claim.  

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