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How to Go About In a Case of Clinical Negligence?

Author: Gary Reynolds
by Gary Reynolds
Posted: Jun 11, 2015

Doctors, nurses and others in the medical fraternity consistently rank as the most trustworthy professionals in the United Kingdom. While majority in these professional do a wonderful job in curing patients and saving their lives, there are situations where they do go wrong. Negligence can lead to temporary or permanent disability and even fatalities in such cases. If you or your loved one has fallen victim to clinical negligence you need to get adequate compensated. Here in this brief write-up we shall take a look at how you would approach a case of clinical negligence or medical malpractice.

Understand What Clinical Negligence Is

More than 80% of the lawsuits filed end with no compensation. Just because you feel you are victim of clinical negligence doesn’t tilt the case in your favor. It has to be established that there has been a breach of duty in the care that has been provided to you or your loved one. It has to be established that the medical practitioner(s) haven’t followed the standard protocol while offering care. It also needs to be established that as a direct consequence of the medical malpractice you or your loved one has suffered what is known as "avoidable harm."

Hire An Experienced Barrister

If you suspect you have been a victim of clinical negligence you need to contact a seasoned clinical negligence resolution barrister in England as the first measure. He/she should have expertise in this field of law and should have good negotiating skills. The barrister would conduct a thorough review of the case and this would include everything from securing relevant medical records to interviewing you, your family members and friends to determine the merit of the case and also decide on the legal course of action.

Know The Limitations

In the United Kingdom there is strict time limitations for medical negligence claims and these need to filed within three years from when the accident or when you realized that you have been a victim of malpractice. In case of children however the rule doesn’t apply until after their 18th birthday.

Gather Documentary Evidence

Gathering documentary evidence to support the case is one of the most important steps towards seeking compensation. To prepare a strong case you need to gather as much information as possible, including detailed accounts of what happened, the prescriptions, the receipts etc. You need to bring all this to the notice of the barrister who would also access other records through legal means. Also keep a record of any and all correspondence you have had with the clinic before, during and after your treatment.

As you can clearly see it is important to seek the services of an experienced barrister as he/she would stand by your side in these trying times and offer you legal advice and also help you during mediation. Gary Reynolds is one of the top clinical negligence and building construction disputes mediator in England. As an expert he regularly lectures and provides training in relation to all aspects of clinical negligence and building construction disputes.

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Author: Gary Reynolds

Gary Reynolds

Member since: May 24, 2015
Published articles: 2

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