So the unthinkable has happened - you or one of your loved ones went to hospital for a routine procedure but something went terribly wrong. Terrible harm has been done that may be permanent and life-changing, but you don't know the first thing about making a compensation claim against the medical staff that were responsible; what do you do?
While you might seem utterly adrift and alone in having to deal with this nightmare, that needn't be the case at all. By seeking legal advice from a qualified personal injury solicitor that specialises in medical negligence claims, you can begin the process of securing compensation for the injuries you or your family member received in the aftermath of a botched surgery or other procedure.
There are a few things to keep in mind when it comes down to planning a compensation claim for medical negligence, and a good lawyer will go over all these things with you; if they don't, seek out a different solicitor, as your chances of prevailing in your claim will go up when your legal team has all the right information. Also never use a law firm that requires you to pay up front for legal advice, as you can easily find a 'no win no fee' medical negligence specialist that is willing to take on your case without needing a single penny - and if you or a loved one has emerged from hospital with a debilitating medical condition, you're going to need all your financial resources to make sure the proper level of care is provided until your case is resolved.
There are three things that make up a medical negligence case: a breach in the duty of care owed to the patient by medical staff, a loss or injury, and a causal link between the breach and the injury. If you or your legal team can prove all three, you will be owed compensation.
You're not going to have to worry too much about proving a loss or injury occurred, especially if you or your loved one has a debilitating, life-changing condition that wasn't present before the trip to hospital. However, demonstrating that medical staff breached their duty of care towards the patient by providing care below the accepted standard will require expert medical testimony, as will proving that the breach in the duty of care (if any does exist) was the direct cause of the injuries suffered.
Lucky for you, your legal team only has to demonstrate that there is a preponderance of evidence in your favour. That means that, if you would have had a minimum of a 51 per cent likelihood of recovering fully if you were given the proper treatment, that's enough for the courts - your claim is going to succeed - and it's the job of your legal team to provide enough evidence to tip the scales towards that point.
Now that you understand how the process works for medical negligence claims, you have at least one less thing to worry about. Now, you can let your injury solicitors go to work for you, and you can concentrate on getting on with your life the best way you can in the wake of a horrible mistake that has changed your life forever, knowing that you will soon have the compensation you need to provide permanent care for you or your injured loved one.
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