Medical negligence claims are beyond-the-surface allegations. Legally, they can be complex due to several reasons. Hence the reason you need to understand the process enough to follow the routeꟷ especially to aid in making decisions as the case progresses.
The reason the most meticulous of clinical experts may perform abysmally can be beyond random. Sometimes, accidents and mistakes can be due to minimal knowledge, underfunding, or low hospital staffing. If you suffer as a result of any of these, you’re entitled to specific compensation.
Are you planning to make a clinical negligence claim? It’s vital to consult a lawyer and discuss your situation extensively. And for your questions, they’re best learned to help sort things out.
How and against whom can you tender your complaint?
The fairest in your case can be mere dissatisfaction with the state of medical care you’ve recently received. As long as you didn’t incur significant adverse effects financially, physically, or mentally, you can demand an explanation or apology from the concerned doctor or hospital. On the good side, this can help in averting similar future experiences to other patients.
However, when you suffer losses financially, or health-wisely, you can issue a negligence claim against such a party. This can be the medical professional, clinic, or health body responsible.
What’s the process like?
If you’re unsure about what to expect after finalizing your decision of filing a claim, here is the likely order of things.
- Consultation with solicitors
Initially, your team of lawyers Lismore will examine your stance with that of the defendant. If there are obvious mistakes from you at the time of your medical care, they are pointed out. Essentially, here is where your attorney tells you the truth on assessment and ascertains if your issuance is justifiable or not.
- Establishing a case
Building the case comes next. Here the necessary facts are collated from medical records, reports, witnesses, and other medical specialists to determine the extent of your injury.
- Contacting the culprit
The healthcare provider is notified about the allegations. This is crucial to alert them of your claim in case they’ll opt for an in-the-wake resolution.
- Claim submission
The letter in this stage is sent to the defendant, stating errors made, the impact, and how much you’re requesting in benefit.
The defendant is mandated to reply to your letter within 4 months of collection. When they do, it’s either them acknowledging fault and being willing to reconcile, or denying the claim. Afterward, it’s left for you and your lawyer to decide whether to pursue the case or take the settlement.
- Prompting court proceedings
Suppose you aren’t satisfied with the response, you can notify a local court and call for a proceeding. Once the court receives your Particulars of Claim, they can assign a hearing date (usually within 18 months) after the defendant's response.
- Pre-trial settlement bargaining
During the waiting period, your legal team can negotiate a reasonable settlement with the defendant. Once successful, this will stop both parties from going to court.
- Court hearing
Assuming pre-trial settlement isn’t result-yielding, you can then progress to the court. Here you’ll need to present your case in front of a judge and trust the expertise of your attorney in receiving a fair outcome.
As stated above, the process can be long and tiring. Nonetheless, you must be prepared as soon as your mind is made up. And if you’re contemplating the decision, take your time. There’s a 3-year time limit for issuing a claim from the date of negligent treatment.