What You Need To Successfully File A Medical Negligence Claim
Compared to times in the past, our medical industry has advanced far and beyond. This means that we have access to stellar medical services that our older folks could not even think of. However, nothing is perfect and there are bound to be some flaws in the system. One of the major flaws is medical negligence. Medical negligence happens when you place your utmost faith in a medical practitioner to deliver top quality medical care, but they end up violating that trust. Instead of healing, they may cause harm or injury to the persons that they treat. If you feel that this has happened to you, here are 9 things you should familiarise yourself with when making a medical negligence claim. You can file your claim with Kentucky Legal Team, who will assist you in every way they can.
- Physical Proof of Medical Negligence
This is fairly self-explanatory. It is often difficult or else impossible to build a case without any evidence. So before you can make one, you have to prove the occurrence of medical negligence first. Do not stress out about this as finding evidence may not be as hard as you think. Several documents can help prove medical negligence and they are medical records, photographs, detailed statements from the claimant, witness statements, financial evidence, and medical reports from other medical practitioners.
- Legal Advisor to Review Medical Negligence
If you are not sure of how to go about the above point, seek a legal advisor. They are trained to assist with situations like that and ensure that there is sufficient proof to make a claim. They will help to review through the documents and ensure that your case is qualified. So, you do not need to worry about whether or not you have sufficient knowledge to determine whether your documents are fit.
- Private Practice Medical Negligence
This is where we come in to dispel some common misconceptions about these claims. Most people would probably perpetuate the same idea that these claims can only be made with certain doctors but we are here to tell you it does not matter. Even a practitioner who practices privately will be liable for any injuries or harm they have caused you. The most important thing is that as long as you have proof, you can claim against them.
- Length to Complete Medical Negligence Claim
Some say it is relatively fast for the proceedings of the claim and some will tell you it takes forever. We cannot guarantee you the exact time it requires for a claim to go through but we have estimated that it will take around 12 to 36 months’ time, because it depends on the severity and complexity of the case at hand.
- Appearance in Court for Medical Negligence Claim
Since claims are a legal action to be taken, another common misconception would be that it necessitates a court appearance. Well, actually no. It really depends again on how complex and severe your case is. If the defendants of the claim are cooperative, it would not require going to court at all. However, if the other party is more obstinate, the case would drag and would require you to be in the presence of a judge. So, this may not happen but it is always good to come prepared.
- Compensation for Medical Negligence Claim
After all that is said and done, the next thing you should be cognizant of is how the compensations for medical negligence claims are calculated. This is based on several factors like the severity of the injury, the length of time required for the recovery process, how the injury sustained has impeded on your daily life, punitive damages, inheritance loss, loss of income, potential loss of income, and other benefit losses. If anyone else in your life is obligated to provide care for you, they are also eligible to receive compensation for their time and effort.
- Time Limit for Medical Negligence Claim
One important thing to take note is that, like insurance claims, medical claims like these also have a time limit attached to them. At the point of time when you became aware of such medical negligence, you have three years to file for a claim. Otherwise, any claims past that time frame will be moot. Unless the person who was aware of it is under 18 or does not have the required level of mental capacity for the issue. Only during cases like these will the time frame be longer. If you are unsure, please seek your legal advisor for more information.
- Ease of Making a Medical Negligence Claim
With all the documents required and red tapes to cross, it is not a surprise if you think that making such claims are frustrating and time-consuming. Let us assure you that it is not. In fact, you can simply make these claims from the comforts of your home in front of your laptop. As we said, all you need are the documents that we have mentioned at the start and the rest, just leave it up to the legal advisors to fight the case for you. You can simply phone into a legal advisor to familiarise yourself with the process. Once these advisors have determined that they are able to make this case a solid one, the rest is up to the specialist solicitors. Some solicitors will even travel right up to your doorstep, and you can save on the travel costs.
- Cost of Making a Medical Negligence Claim
Some clients only charge legal fees if the case is won. So, there is no worry about having to fork out any upfront cash in order to acquire legal presentation. However, you should check with the company. We believe that everyone deserves a fair and equal representation to fight against the injustices dealt against anyone. Hence, you can rest assured that you will not only be represented in your fight but also be protected from hefty legal fees from the get-go.
As such, we hope the advice will go a long way to encourage you to get justice for yourself and know that there is always help!
Have there been many moves in the US to try and stem the rush to claim compensation?
In Ireland there are a number of processes in place at governmental level to try and do so in order to drive down the debilitating costs of insurance. There are some examples here: https://www.personalinjuryireland.ie/medical-negligence-cases/