Who do I sue for a medical negligence claim in the UK?
If the treatment or operation which you received was in an NHS hospital, you have to sue the NHS Trust responsible for that hospital rather than the individual clinician involved. If your operation was provided by a GP or a Doctor at a private hospital then you have to sue the individual GP or Doctor rather than the GP practice or private hospital. All private Doctors and GPs have insurance to cover claims against them. If your medical negligence claim in the UK is against a dentist then you will sue the individual dentist instead of the dental surgery. There are exclusions to these rules, however, and your medical negligence solicitor in London will need to carefully consider who should be pursued.
How do I prove my medical negligence claim in the UK?
You need evidence to prove your medical negligence claim. Expert reports from medical experts will be the most important evidence.
Your solicitor will recommend that expert reports are from independent medical experts who have specialist knowledge of the area relevant to your treatment as well as experience of the litigation process. It is essential to use the correct medical expert since their evidence will be critical to the success of your medical negligence claim in the UK. Without this evidence, you will be unable to carry on with your medical negligence claim in the UK.
Is there a time limit for bringing a medical negligence claim in the UK for compensation?
It is important to seek legal advice as soon as possible after the medical operation or as soon as you understand that you have suffered an injury as a result of the medical treatment. This is because medical negligence claim in the UK must be brought within 3 years of the negligent treatment. This means that lawsuit proceedings must be started by issuing a claim form at the Court within 3 years.
Where you don’t know that you have suffered an injury as a result of the treatment until later, the 3 years will run from the date that you became aware of your injury.
These time limits are provided by law and are precisely applied by the Courts. It is very rare indeed for a Court to be persuaded to allow a claim to be brought after the 3 years.
If a medical negligence claim in the UK is brought on side of a child, they will have three years from the age of majority within which to start Court proceedings.
What does the medical negligence claim in the UK process involve?
Medical negligence claims in the UK can be complex and take a long time to conclude.
In most cases, the following steps will be taken to investigate your claim;
Full medical records from before and after the alleged negligence including GP records.
An independent medical expert is instructed to report on an infraction of duty.
An independent medical expert is instructed to report on causation, if the medical reports support a claim for both responsibility and causation, we will consider the value of your claim, and a Letter of Claim will be sent to the respondent setting out the allegations of medical negligence.
Defendant has four months under the Court rules to investigate or examine our claim and respond, to show whether liability is proved or denied.
While a response is awaited, we will start assessing the value of your claim. A medical report explaining your condition and future prognosis will be obtained. This will not be a simple processor, depending on the nature, severity, and complexity of your injury, a more involved process involving numerous different experts and documents.
If liability is admitted, and it is possible to place a value on your claim at an early stage, negotiations for agreement are likely to take place.
If liability is denied or if there is a long process needed to value your claim or a dispute about the value of your claim, court proceedings will be started. This does not mean your case will go on the path. A very medical negligence claim in the UK goes all the way to a trial.
If you would like to peruse your claim, talk with a member of the medical negligence solicitor in London, Check the onniesolicitor for information about Medical Negligence claims.
Check ronniesolicitor and Read on to find out more about no win no fee medical negligence lawyers. You’ll be in the safest hands when you start the no win no fee medical negligence claim with us.