Medical Negligence Claim in Dumfries and Galloway
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Members of the medical profession have a duty of care towards their patients. That is, they are expected to ensure that the appropriate treatment is given in the correct way. If the patient suffers as a result of a mistake, bad decision or inadequate care, the victim may well be able to claim compensation on the grounds of medical negligence.
Complexity of medical negligence claims
Medical negligence can be notoriously difficult to prove, and even when blame is established there can be extensive argument over the consequences of the events leading to the claim. At its simplest, a medical negligence claim might involve establishing that a patient was given the wrong drug or dosage, but even here there is room for medical dispute over the effects and hence the amount of the liability. At the other extreme, there may be widely differing medical opinions over how the problem arose, and who, if anyone, was responsible.
For these reasons, it is vital that you consult a solicitor who specialises in medical negligence claims, and that you do so as early as possible. He will combine knowledge on both legal and medical fields, along with experience in knowing exactly what documentation and histories would be needed to pursue your claim. He will also call in medical and other legal experts to ensure the case is thoroughly investigated and prepared.
How long does a medical negligence claim take
The settlement of medical negligence claims can be rather protracted, and is divided into two parts. Your solicitor will carry out a thorough investigation, which may take from six to twelve months. During this phase, he will take statements from you and others who are involved, obtain medical records and assessments, and seek detailed medical opinions on the case. He will also collect evidence to show how the alleged negligence contributed to your injury.
Your solicitor will then assess the claim and advise you on the strength of your case and how best to proceed. He will most likely advise the doctor or hospital of your intention to claim and see if they accept liability for medical negligence. If they do, he will negotiate a settlement for you. If they deny liability for negligence, he will suggest further options such as a civil claim for compensation.
How much can I claim for medical negligence?
Compensation is determined by the injuries you suffer, not by the cause of the accident. Thus, someone paralysed as a result of medical negligence would gain the same compensation as if they suffered an identical injury in a road accident, all other factors being equal. See details for specific injuries elsewhere on this site.
Personal Injury Advice in Dumfries and Galloway
If you have suffered an injury which wasn’t your fault, you should consult a solicitor who specialises in personal injury advice.Will I have to pay for advice on my personal injury claim?
Many personal injury solicitors will not charge for advice given during the first meeting. Only once they have decided whether you may have a case will they consider proceeding, when they will charge for further advice. You will then have to agree how your solicitor’s fees are to be paid in the event that you win, lose, or drop the case.
Can my local solicitor give advice on my personal injury claim?
While you will already have a close relationship with the solicitor who handles your affairs, such as writing a will, arranging property transfers and so on, you should always go to a solicitor who specialises in giving advice on personal injury claims.
The effects of an injury can be wide ranging and more than your legal rights are involved in determining your eligibility for, and amount of, compensation. For this reason, a solicitor requires a combination of legal and medical expertise, and most personal injury solicitors will have built up a list of useful contacts and barristers’ chambers to call on when specialist advice is required.
How can I check a solicitor can give specialist personal injury advice?
In the first instance, check that your solicitor’s firm includes lawyers who are accredited members of the two principle legal bodies in this field; the Association of Personal Injury Lawyers (APIC) and the Law Society’s personal injury panel. You should also ask if they have solicitors who belong to associations for the specific injury your claim is about – for example the Spinal Injuries Association or the Headway Panel.
You should also ask your solicitor about their record in personal injury claims. Can they give you any case histories of advice given for successful claims similar to yours?