People working in the medical profession have a lot of responsibility on their hands. Doctors are responsible for prescribing the right treatment to their patients, not to mention getting the right diagnosis in the first place. People share their deepest and darkest secrets with their doctors, and it is their responsibility to make sure that the treatment they prescribe is in the best interests of the patient. Because the life of a patient is often at stake, the margin for medical errors is virtually non-existent.
Even a minor error could potentially alter a person’s life forever. Many people have had their lives ruined by doctors who prescribed the wrong medication or got the wrong diagnosis. If your life or the life of someone you loved has been affected severely by medical errors, the law gives you the option of filing a claim for clinical negligence. Unfortunately, most people who suffer the after-effects of such harrowing medical errors do not file any claim at all. There’s a simple reason for this: they just don’t know how to proceed. Here’s a brief guide to help you file a clinical negligence claim:
Talk to a Solicitor
The first thing that you need to do is talk to a law firm that specialises in handling clinical negligence cases. Law firms such as Mintons are experts in handling many different kinds of clinical negligence cases, ranging from simple claims to serious, life-changing and fatal claims. Most law firms that specialise in handling such cases generally offer their services on a ‘no win-no fee’ basis. During the initial consultation, the lawyer will ask you to provide each and every detail of your case. Once they have everything, the lawyers will decide whether to take up your case or not.
Reaching a Settlement
Once the lawyer takes your case, they will talk to you about the ideal amount that you might receive depending upon the severity of the injury. The lawyer will then start compiling evidence regarding the medical error. You might also be required to undergo several medical examinations as per the lawyer’s instructions. Once all the evidence is available, the lawyer will send a legal notice to the party at fault and ask them to reach a settlement.
Ideally, lawyers try to avoid taking cases to trial, as reaching a settlement is the best option for both parties. If the party at fault decides to pay up, the case will be closed and you will receive the compensation that you deserve. However, if the opposing party refuses to accept the error, the lawyer will file a legal motion and the case will be decided in court. The lawyer will work closely with you in order to prepare you for the depositions and hearings that might follow. Clinical negligence cases are generally treated with a lot of care, so every shred of evidence is going to be checked carefully. If you win the case, a percentage of the winnings will be given to the law firm for their services.