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Medical Negligence FAQs
Introduction to Medical Negligence FAQs
If you have been injured while receiving medical care and believe the injury was due to medical negligence, you may file a claim in the court system to recover compensation due to the injury. The court created medical negligence laws to help you recover any losses that you have incurred due to the injury. In order to receive compensation, you must file a claim with the courts and prove your case. Below is a list of medical negligence frequently asked questions.
Medical Negligence FAQs
What is medical negligence?
Medical negligence occurs when a patient is harmed or injured because the doctor, nurse, dentist, hospital or other did not provide the sufficient amount of care for the patient. This care must fall outside the normal standard of care that should have been received.
How long do I have to file a medical negligence claim in court?
In the UK the medical negligence statute of limitation is three years from the date on which the harm or injury occurred or the date that they patient realised that medical negligence occurred. There are exceptions put in place for children and the mentally impaired which extend these limitations.
Do I need to hire a solicitor to help me in court?
When you go to court the defendant will almost always come to court being represented by counsel, so it is vital that you also be legally represented in court with a solicitor. Your solicitor will help you gather adequate evidence to help prove your case in court.
What if I cannot afford to hire a solicitor?
Legal Aid is available for those whose income falls below the set limit and they will provide you with adequate legal representation. For those whose income is higher than the set limit, most solicitors work under a no win, no fee agreement which lets you have legal representation without paying them until you receive your settlement. If the case is lost in court, then your solicitor does not get paid.
What kind of damages can I sue for?
The court allows people who were harmed or injured due to medical negligence to receive compensation for their loss. The general rule that is used by the court is to compensate the claimant the amount of money that would bring them to the point they would have been in if the harm or damage had not been done. It may be difficult to put a monetary value on a permanent injury that was done but the courts try to be as fair as possible.
Do I need to take out an After Event insurance policy before I go to court?
When filing a claim in court, you always take the chance that you may lose your case in court. If this happens the court may order you to pay for the defendant's legal cost, which depending on the case could be a substantial amount. Many people take out an After Event insurance policy which will pay the defendant for these costs in case you were to lose. The policy must be bought before you bring the case to court.
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