Medical negligence cases can appear to be straightforward and for this reason people often believe it is easy to bring a claim. In fact, there are a number of different elements that need to be established, and this process can be complicated and time-consuming.
From the outset, your solicitor will need to obtain a copy of your medical notes. These will allow a thorough review of the treatment you have received, and help your solicitor to decide whether or not you have a potential medical negligence claim.
Once your solicitor has formed an early opinion, it will be necessary to try and establish whether the care you received was substandard. Of course, this isn’t based upon what you believe to be substandard care, it’s based upon a standard of care you ‘could reasonably have expected’ in the circumstances, taking into account your medical condition at the time of your treatment.
Whether or not you can establish that the care you received was of an appropriate standard or sub-standard will depend upon the detailed advice of an independent medical specialist, with many years of experience in the field of your injury, condition or treatment. Your solicitor will arrange for you to be examined by an appropriate specialist, who will detail their findings in an in-depth medical report.
If it is possible to show that the care you received was below the accepted proper standard, the appointed medical expert will also consider the damage caused to you as a result. For example, they will establish whether the substandard care caused your condition to worsen or meant it took you longer to recover than normal. In some cases, it may be that the negligence led to delays, which then prevented treatments which could have cured the condition or prevented it from becoming life-limiting from being administered.
It is necessary to prove that both the care you received was below the proper standard, and also that it was this care that caused you damage. If it’s not possible to prove one or the other of these points, your claim will fail and you will not be entitled to any compensation.
If you believe that you may have suffered because of below-standard medical care, you may be able to bring a claim for damages. The medical negligence team here at Farleys have many years’ experience, and will do everything possible to ensure that you understand the claim process, and feel comfortable with what is happening from start to finish.
If you would like to arrange an initial discussion with one of our experts, please do not hesitate to email us today. We would be happy to advise you further free of charge.
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