9 Things To Know About Medical Negligence Claims

Mistakes and errors are a vital part of every process carried out by humans. This is how we are made. While most mistakes can be redeemed, there are certain places where even the most subtle errors can lead to devastating outcomes; this includes hospitals and clinics. If anyone suffers injuries and illnesses due to medical negligence, they are entitled to claim for compensation. 

A vast majority of people have very little knowledge of law matters and this is why they are reluctant in pursuing injury claims. However, you can get through this obstacle by getting in touch with a skilled and professional medical negligence solicitor in Scotland who will guide you throughout the process and ensure that you’ve made the right decision.
Here we have listed nine things you should know about medical negligence claims.


  • Legal Terminologies

Medical negligence claim or clinical negligence claim is made when a patient holds the medical professional or the hospital management responsible for their suffering. The patient demands compensation because an act or several acts of negligence were made while they were receiving medical treatment. For this to happen, the patient who claims for compensation has to provide concrete shreds of evidence that can prove that the care given to them was well below the standards set in place and this caused damages to their health.


  • Time Limits

Generally, most types of claims should be made or brought to court within three years from the date of the patient becoming aware about the problem. There are a few instances when claiming medical negligence might have exceptions, like if the patient is a minor and lacks mental capacity to carry out the procedure. In rare circumstances, judges do take other exceptions as well. 

  • Get In Touch With A Solicitor

The most important task in such a situation is to find a specialist medical negligence solicitor who has sound knowledge and experience in the field of law. This solicitor will let you know if you have a case for claiming medical negligence and then proceed to discuss the next steps you will need to take. They will also keep you updated regarding the matter throughout the procedure and let you know about the legal options you have.


  • Going To Trial Isn’t Necessary 

The vast majority of medical negligence claims are settled before the need to go to trial arises. Most of the time, the defendant will come forth and give an offer for a financial settlement. However, you should be mentally prepared for the case to go to court and this mostly depends on the facts in your case. 


  • It’s Not Always An NHS Doctor

All medical professionals and health practitioners can be held liable if they demonstrate negligence while treating their patients, and it does not necessarily have to be an NHS professional. These professionals can be Dentists, Cosmetic Surgeons, private clinics owners or eye clinics.


  • How To Pay For It

Legal Aid used to be available to fund all kinds of medical negligence claims some time ago. However, this option was only available in some instances. Majority of the time, claimants enter into a conditional fee agreement with the law firm while pursuing their compensation money. This conditional agreement is called the No Win No fee agreement. Private funding is also an option, but it is very rarely used by people.


  • Strong Evidence Is Required

If you fail to have tangible evidence, you will most probably lose the chances to win your case. This is why it’s fairly important to keep all records safe no matter how unimportant they may seem.


  • Getting Additional Proof

Additional proof is always a bonus in such cases. When your solicitor gets on to work, they will first get in touch with the medical professional and ask for all medical records that are relevant to your medical negligence claim. Solicitors at Wallace Legal are highly professional and proficient in carrying out this process.


  • Need For Medical Witnesses

Medical witnesses in most cases are called upon for their experience and professional opinion. These professionals will give their expert advice in the medical witness statement to establish the act as negligent. They will form a link between the act and the damage/suffering and the long-term impact for the claimant.

Get in touch with Wallace Legal for all kinds of personal injury claims and lighten up your chances of winning the compensation money you are entitled to.