The Complexity of Medical Negligence No Win No Fee Claims
Saturday, July 31st, 2010Everybody is aware that healthcare professionals work hard: unfortunately though, limited resources, excess pressure and human errors do sometimes lead to the standard of their care slipping below what is expected. If this happens, it is known as negligence and if a patient suffers an injury as a direct result of it, they may be entitled to make a medical negligence no win no fee claim. Some patients feel guilty about making a medical negligence no win no fee claim. Regardless, being injured as a result of someone else’s negligence is serious and the victim is perfectly entitled to an apology and compensation.
Some examples of the negligence that may lead to a medical negligence no win no fee claim are delays or misdiagnosis, performing incorrect treatment or inadequate performance of an operation or treatment. It is important to remember that this area of the law is complex and winning a medical negligence no win no fee claim is by no means certain.
The NHS complaints procedure should be your first port of call if you consider yourself to have been injured as a result of negligence. This is a system which is designed to address allegations of negligence and provide an explanation of what happened. Whilst this system will not award compensation, it can help the victim by allowing them to make a well informed decision about whether or not to make a medical negligence no win no fee claim.
Because the law is so complicated, your medical negligence no win no fee solicitor will begin by examining your case to help you find out if you have grounds to make a claim. Next, an independent medical expert will consider your case to spot any negligence and make the final decision about whether you have grounds for a medical negligence no win no fee claim.
Should your claim be launched then you will be expected to demonstrate that the care r treatment you received fell below the standard which would be expected of a competent practitioner in that area of medicine. It is considered a viable defence if the practitioner can demonstrate that a reasonable proportion of other practitioners would have acted in the same way.
In order for their medical negligence no win no fee claim to be successful, patients must then prove that their injury was directly caused by the negligence and that but for the negligence the injury would never have occurred. This is why it is by no means simple to win a medical negligence no win no fee claim.