Whenever you’re treated by a medical worker, you expect a certain degree of professionalism. Considering their position, this is the least you’d expect! While most medical professionals are more than competent, negligence can and does happen. If you think you’ve been the victim of medical negligence, then you might be feeling a little lost as to what to do next. Here’s some advice to help you out.
Before you take any action, you have to make sure you have actually suffered some negligence. Taking a case against a professional or their institution, with nothing to back it up, can easily blow up in your face. The first thing to understand is that there’s a duty of care existing between you and the health worker. Medical negligence constitutes a breach of this duty; care which fell below the standards of their duty of care. It also requires you to have suffered “avoidable harm” as a direct result of this breach. This could be any kind of pain or complication which would have been avoided if you were treated correctly. If you’re unsure of your position, a solicitor will be able to help you, which brings me to my next point.
So, you’re certain you’ve suffered some medical negligence. Next, you’ll probably want to take some legal action against those responsible. I hate to tell you it, but you may have a long and difficult road ahead of you. Medical negligence is one of the most complicated areas of personal injury law. After you take your first few steps, you’ll probably be reeling from the amount of jargon and terminology. Obviously, you’ll need a solicitor. Provided you find one who has experience dealing with medical negligence, your case will be off to a good start. Bear in mind that you can’t wait around too long. There are strict time limits on when you have to start your claim. Currently, it has to be filed within three years from when the incident occurred.
After finding a solicitor to take up your case, you need to start getting some evidence together. The more information you have which supports your position, the better chance you’ll have of winning the case. Write down a detailed account of the negligence, and try to source ones from any witnesses to the incident. Your medical records, usually going back a few years, will also need to be accessed for certain information. As you source all of this, don’t underestimate the importance of anything. Even prescriptions and receipts for treatment can have a big impact on the way the case plays out. Details concerning bills, or any loss of earnings you incurred can also prove important. Finally, make sure to find records of any correspondence between you and the entity you’re claiming against. All legal cases hinge on evidence, so don’t approach it half-heartedly.
If you’ve suffered from negligence, you’re probably feeling down and frustrated. Pursuing justice in these situations can be a hassle, but I’m sure you’ll agree it’s worth it in the long run!