In a situation where you feel that you have been injured as a direct result of medical treatment, you can approach one of the various clinical negligence solicitors who specialize in this type of claim.
It is very important to distinguish between a medical accident, which could not have been prevented by either the hospital, its staff or the doctor and medical negligence which could have been prevented. Regardless of whether you suffered severe pain and/or financial loss, if what happened to you was the result of an accident you will not have a claim. Of course there are grey areas and cases like this are known to sometimes drag on for a very long time. Only a solicitor who specialises in this field will be able to give you an indication of whether you have a chance of a successful claim.
The following are examples of what could, but will not necessarily be, clinical negligence.
A mistake was made by the doctor or his assistants who performed a medical procedure or operation on you.
You condition was either not diagnosed at all, or diagnosed incorrectly.
You were given incorrect medicine.
You were not warned about the dangers of a specific treatment or operation.
Your permission for the particular treatment/operation was never obtained.
You should not take the decision to proceed with legal action lightly. The court case might drag on for years and you will have tell your story over and over again. This can be a very traumatic and upsetting experience. If the nature of your case is of such a nature that you are certain you have a good case, do not try to do this on your own. The support that a good lawyer can give you is priceless.
Ensure that you have all the relevant facts and documents pertaining to your case ready before even talking to a lawyer. Write down what happened during and after the treatment with as much detail as possible. Make copies of every document and piece of correspondence that relates to your case. Also make copies of invoices and receipts concerning expenses you had during and after the case. If you claim loss of income, make sure to have copies of pay sheets and other documents proving what you earned before the treatment and afterwards.
Once he has all the facts at his disposal, the solicitor will be in a position to give you sound advice about your chances of a successful claim. A good solicitor will also give you a reasonably accurate estimate of the amount you should be able to claim and give you advice on how to fund the claim. Clinical negligence solicitors are there to help you to be successful with a valid claim, not to lure you into a case with no chance of success and where the lawyer is the only one to make money. If your lawyer therefore says ‘don’t go ahead’. Then don’t go ahead…
Jo Wilson is an expert in clinical negligence claims. If you would like further information about clinical negligence solicitors or are searching for a trusted law firm please visit http://personalinjury.ffw.com
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