Medicine is a noble profession. When any of us go into a hospital whether it be for a standard check-up or a more serious operation, we are extremely trusting in the care that the medical staff will deliver. It must be said that the vast majority of times, they perform a wonderful job and they are a crucial part of society. However, unfortunately, things sometimes don’t go as planned.
It is the responsibility of the medical practitioner to employ a reasonable degree of care. When one fails to achieve that, terrible mistakes can be made which can cause further injury, suffering or more. The patient hence has the legal right to receive compensation for any resulting injuries.
Hospital negligence claims can occur in several types like:
- Lack of Informed Consent
- Defective Medical Products
- Failure to Diagnose
- Delay in Diagnosis
- Accident and Emergency Claims
Procedure for claiming negligence against a hospital
- Notification of complaint
Primarily, it is advised to seek the help of a solicitor promptly once the malpractice was identified. Send a complaint letter regarding the accident to the management of the hospital to notify them of this malpractice, so they may make amends themselves and proceed with making settlements. They may make offers but it is entirely your decision if or if not to move forward with it. One could accept it or move the case to the court.
2. Garner evidence
The solicitor can help you with the collection of evidence regarding the injury such as medical records, witnesses and bills or any piece of information that indicates a breach of duty, and its documentation. Every bit of information received is of importance and to be documented. The procedures are best done at the very earliest.
3. Determine liability
It is important to identify the liability and everyone involved. The injury could have been caused by one or more people. The claim must be issued for each person involved. All of this procedure must be guided through by your solicitor.
4. Ascertain damages
Identifying and determining damage is an essential part of the procedure. The damage would be calculated concerning to the seriousness and extent of the injury and fault. Calculating and verifying damages could take up time.
5. Starting the claim
Taking the case to the court is the final step. The hospital negligence claim would be thus taken to the civil court and addressed by your solicitors. The complaint is a formal recitation of the allegations against the hospital. Once the complaint is filed, the lawsuit begins. The case then goes to trial. The process could take a while, depending on how the judge moves forward with the case and documents submitted. The settlement could also take place whilst the lawsuit although again it depends on how you want it. With the trial, the judge either decides on a settlement or a fair result and the lawsuit could be satisfied.
It is entirely your decision whether to go into court proceedings or accept the hospital’s settlement.
*In a contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
