What to do if you believe you have suffered an injury from medical negligence?
As soon as you believe that you may have a medical negligence claim, you should contact us to discuss whether you have a viable case. There is a strict timeline for taking a negligence case which is within two years of the incident or if the injury was not known, two years from the date of knowledge.
To succeed with a medical negligence claim, you will need to establish two things:
That there was a breach of duty and
That there is causation.
In short, we need to show that the standard of care you received from your medical practitioner was substandard and therefore they failed in their duty to you as a patient but we then also need to show that this failure “caused” you an injury.
The only way to establish these two items is by expert medical report which will clearly set out the inadequate treatment and also confirm the injured caused as a result.
As your solicitors we will firstly carry out a detailed assessment of your medical negligence case to ensure that you have a reasonable prospect of succeeding. We will assess all aspects of the matter and should we believe that you do not have a case, we will inform you at this stage.
Should we believe there is a case for your medical practitioner to answer, we will onboard you as a client and apply for your medical records to allow a further assessment to be carried out. Once records are received, an expert can be appointed to obtain the expert report required prior to issuing proceedings for medical negligence.
Unlike other personal injuries cases, a medical negligence case does not go through the injuries board initially and so once an expert report is received, proceedings can be immediately drafted and issued.
We pride ourselves on keeping clients fully informed throughout every stage and will always advise on your claims strengths and weaknesses, if any. We have your best interests placed first and foremost throughout to ensure the best possible result is obtained for you.
Time frame to take a successful medical negligence case?
Many victims of medical negligence have delayed pursuing a claim or contacting their solicitors and therefore were unable to pursue valid claims because their claims have become statute barred.
Therefore you need to ensure you do not fall foul of the 2 year time limit. If unsure, do not hesitate to contact us to discuss the particulars of your case.