Things You Need to Do Before Making a Medical Malpractice Claim
Posted May 04 2013 10:07pm
Medical malpractice law can be a tricky business. It’s a complicated area of the law and because it is so complex, it’s important that you seek the advice of a medical malpractice lawyer that will be able to guide you through the claims process . There are various claims processes, and although a medical malpractice claim is one of them, there are a number of alternatives that you need to think about before pursuing a claim.
Stepping up the tempo from just talking to the medical professional to actually making the claim can sometimes become a jumbled-up mess. To get you started with making a successful Medical Malpractice Claim, just complete the following tasks in a step-wise manner, gradually raising the tempo to a thrilling climax.
Before actually starting a formal claims process, it’s important that you meet with the medical professional that you feel is responsible for your injuries or for your medical problems so that you can get their opinion on your condition. Perhaps they genuinely made a mistake, or maybe there was a communication error. If an apology is what you’re looking for, or if you just want an acknowledgement of your condition, this is the best route.
If meeting with the medical professional isn’t successful, or if they are unwilling to apologise or to offer you an explanation, the next step is to make a formal complaint against the individual. If you want to make a complaint against a GP, write a letter to the practice manager. If you want to make a complaint against a member of hospital staff, such as a nurse or doctor, or if you want to make a complaint against the hospital as a whole, write a letter to the Hospital Trust. Making a formal complaint is suitable for you if you want to complain about a specific practice or procedure or if you want an apology. Usually, the time limit for formal complaints is 13 weeks, so make sure that you act in a timely manner.
If talking to the medical professional or making a formal complaint is not successful, the next step is to appoint a medical malpractice lawyer to act on your behalf in making a claim. The time limit for starting a medical negligence claim is 3 years from the date that you were first aware, or from the date that you could have been aware, of the injuries or illness that you are suffering from as a result of someone else’s negligence. Appointing a lawyer can be almost as tricky as making the claim, so ask for references, ensure that they will frequently update you on the progress of your case and make sure that they know the ins and outs of your particular case.
In order to make the claim – and for the claim to be successful, you must be able to prove that the injuries or illness that you are suffering from was caused by someone else’s negligence, and that the injury or illness would not otherwise have occurred without the intervention of that medical professional. Your lawyer will tell you whether or not you can prove that negligence and will advise you as to whether you can go ahead with the claim and whether or not they think your claim will be successful. Most malpractice lawyers will not accept a case if they know that it is not going to be successful.
Pursuing a claim for clinical or medical negligence can be a lengthy and costly process, so it’s important that you explore other avenues before making a formal claim.
If you have enjoyed reading this article, you might be interested in reading a related article titled “ Making a Claim for a Faulty Medical Product ” which guides you through the processes and issues involved while making a claim for a faulty medical product