Why Hospital Negligence Claims Are So Complex
Hospital negligence claims can go on over a long time period with no guarantees of a successful outcome because medical negligence is notoriously difficult to prove. This is why seeking the advice of a hospital claims solicitor is vital as soon as you decide you want to make a claim.
Hospital negligence claims can be so complex because you effectively have to argue against a medical professional that the care you received fell below the expected standard. Don’t write off the idea though: if you have truly been injured as a result of negligence then you are fully entitled to make hospital negligence claims for compensation. Even though the process is long, complex and often difficult, remember that it is the path to justice for you and it could prevent other patients being injured in the same way in future by forcing change to medical practice.
Included in the definition of negligence claims for the purpose of hospital negligence claims are erroneous diagnosis of failure to diagnose. Negligence could also arise when errors are made whilst performing a procedure or treatment, failing to obtain full informed consent from a patient or neglecting to inform a patient of the full risks of a procedure.
Patients who feel they may have been victims of negligence should ideally begin by voicing their concerns with the medical professional responsible for their care.If necessary file a formal complaint. Making a formal complaint should get you an apology and explanation as well as hopefully preventing the same problem happening to any other patients in the future.
In the event that a formal complaint hasn’t given you the information or closure you hoped for, you should consult a hospital negligence claims solicitor. Your solicitor will ask a medical expert who is independent to review your medical records. Your solicitor will give advice on what to do next if they and the independent medical expert believe you have grounds for a claim.
Don’t forget that hospital negligence claims are subject to a time limit. Victims must being their claim within three years of the injury, or within three years of it being noticed.If the victim is a child then the three years begins on their eighteenth birthday.
In order for hospital negligence claims to be successful, you must be able to prove both the negligence and causation. For negligence, this means demonstrating that the care you received fell below the expected standards of a competent medical professional. To prove causation you must demonstrate that it was the negligence which directly caused your injury and that the injury wouldn’t have otherwise occurred.