Medical Negligence

Common Difficulties when Claiming Medical Negligence

Have you received inadequate medical advice or treatment from a medical professional recently? Have you suffered injury or harm due to your medical practitioner’s failure to act reasonably? If you believe you have, then you may have sufficient reasons to begin a medical negligence claim. Claiming medical negligence is a complex and lengthy process. However, if you have been wronged by a medical professional, you deserve to be compensated for your troubles.

Read on to learn more about what to expect when claiming medical negligence.

Establishing Causation

Establishing causation is often the biggest challenge for compensation lawyers in a medical negligence claim. Causation refers to proving that the injuries or harm you have suffered were caused by your medical practitioner’s failure to act at the expected standard.

Some complications are unavoidable and can occur even when your doctor has taken all the right steps in providing your care. In these cases, no compensation can be claimed. It is necessary to be able to show that your medical practitioner breached the duty of care owed to you and that you suffered injuries due to this.

Choosing Compensation Lawyers

Finding experienced compensation lawyers can be difficult as some legal professionals are willing to take any case on, regardless on their specialisation. It is important to do your research before you choose a lawyer to begin your medical negligence claim. Ask about their past experience in medical negligence claims and find out if they have formal training in compensation law.

Good compensation lawyers will be able to provide you with clear answers to your questions and a good idea of your chance of success. Be cautious of legal professionals who are vague about their previous experience with medical negligence claims or avoid directly answering your questions.

Time Restrictions For Claiming Medical Negligence

There are strict time limits for making a medical negligence claim. This is one of the difficulties when claiming medical negligence because often complications of medical care are not evident straight away. Legally you are given three years from the time the negligence occurred to lodge a medical negligence claim. Sometimes extensions are granted but these are in very rare circumstances. Hiring a good compensation lawyer will help you make sure that you do not miss any deadlines and ensure that your case goes smoothly.

Costly Legal Fees

Medical negligence claims involve hiring compensation lawyers to best present your case. Compensation lawyers can often charge expensive fees upfront which can pose as a difficulty for financially disadvantaged people. No win, no fee lawyers are a good option for individuals who do not have the means to pay upfront.

A no win, no fee guarantee allows clients to forego legal fees until their case reaches a settlement. Usually, if the case is unsuccessful, you will only have to pay a small legal fee but if the case is successful, you will pay the full amount of legal fees with the compensation you are awarded.

Medical Negligence Claims Are Lengthy

Expect to be making a major time commitment when beginning a medical negligence claim. The average time for a medical negligence claim to be closed is 3-4 years from when the negligence occurred. This means that you will be meeting with compensation lawyers, attending court and dealing with legal paperwork for a long period of time.

For most people, this process is still worth the trouble. However, if you are not willing to prolong your negative experience with legalities and you do not believe your case is very strong, perhaps reconsider making a medical negligence claim. Consult with your compensation lawyers on the likelihood of you winning your case so that you can decide if the time commitment is worthwhile.

Psychological Trauma

A medical negligence claim can take a psychological toll on you, especially with how rigorous the process is. Many people who suffer due to medical negligence prefer to move on from the experience as quickly as possible. However, if you have suffered life-altering injuries, it is important to make a medical negligence claim so that you can receive the compensation you deserve.

Make sure you have a good network of support around you (e.g. family and friends) to make the process less stressful for you. Remember, while it may be difficult to begin a medical negligence claim, it is important to hold your medical practitioner responsible for their misconduct so that others do not suffer the same consequences as you.

If you are interested in making a medical negligence claim, contact Schreuders today for a free consultation with our no win, no fee lawyers.

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