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Medical Negligence Claims

medical negligence lawyers scotlandIf you have suffered negligent medical treatment, we can help. We understand that this can be exceptionally traumatic and stressful for you and your family. Incidents of medical negligence can be life changing and that it why it is crucial you receive adequate compensation for your injury and loss.

What is a medical negligence personal injury claim?

Medical negligence occurs when a healthcare provider or professional is negligent in their treatment, either by action taken or because they have failed to take action when they should have.

To make a medical negligence claim is must be proven that the healthcare professional failed to carry out their duties correctly, and also that you are in your present position because of the fault on the part of the healthcare professional.

Do I have a medical negligence claim?

Firstly, ‘fault’ must be proven on the part of the healthcare professional. You may have heard the term ‘breach of duty’, this means that the care you received fell below the standard that could reasonably be expected of a skilled and competent professional. You were not treated the way you expected or could reasonably have expected to be treated.

Secondly, you must be able to prove what is known as ‘causation’. This means that the negligent treatment by the healthcare professional must have caused you harm – the harm suffered by you cannot have been caused by an underlying condition. This can be difficult to prove in cases where the person who was allegedly treated negligently was already ill, and it is unclear whether the negligent treatment caused the harm or whether it would have occurred regardless.
You may need to obtain a report from an independent medical expert in order to prove both fault and causation however your solicitor will be able to arrange this.

Is there a time limit for bringing a medical negligence claim?

Normally, you will be required to begin a medical negligence compensation claim within three years of the date of your injury, or three years from the date that you discovered your injury was as a result of medical negligence.

As there is a time limit for making a claim, it is essential you contact a medical negligence specialist solicitor as soon as possible. This will allow time for the proper steps to be carried out to investigate your claim and to build your case. It is best practice to begin gathering evidence to support your claim as soon as possible – this allows details to be recorded whilst they are still fresh.

What information do I need to make a medical negligence personal injury claim?

There is certain information your lawyer will need in order to make your medical negligence claim. Your lawyer will need to fully understand the effect that the medical negligence has had on your life and also how it may affect you in the future. This will help your solicitor to ensure you receive maximum compensation for the negligence and that this is enough to cater for all of your future needs and loss.

Making a medical negligence case can require gathering detailed evidence including statements, copies of medical records, x-rays and even obtaining the opinion of independent experts. This can take a great deal of time to ensure that they are done correctly and thoroughly.  Ensuring that this process is carried out correctly will give your claim the best chance of success. Although this may sound like a lot of work, this should not put you off making a claim. Our expert solicitors will arrange all of this for you, so you don’t have to worry about getting it right.

Will I have to go to court?

Many people are deterred from making a claim by the thought of having to go to court. However, in reality very few medical negligence cases end up in court – they are usually settled without going that far. Our solicitors can negotiate with the insurers of the other side for the amount that you are happy with.

However, if you do need to go to court our experienced personal injury solicitors will guide you through the process and ensure you are comfortable and confident with every aspect of the process.

Is there additional action I can take?

Where you have been negatively affected by medical treatment, it may be the case that compensation for your loss is not the only thing you are looking for. Many people seek an apology or to ensure that another person is not affected, in the same way, in the future.

In addition to making a compensation claim, you can make a formal complaint to the private body you received treatment from or to the NHS. Your solicitor can advise you how best to go about this; however you must make a formal complaint within six months of the treatment.

Why use Lawford Kidd's personal injury solicitors?

We understand that when it comes to something as important as your health and wellbeing, you want to be sure about the level of care and professionalism you are receiving.

We are not a claims management company: this means you will be dealing with an experienced medical negligence solicitor. At every stage of the process you will be dealing with a real medical negligence specialist who understands the importance of your claim to your livelihood. We genuinely seek to add value to your claim through our expertise.  Claims management companies often employ claims handlers or paralegals who are not legally qualified. With Lawford Kidd your claim will always be handled by a qualified solicitor.

Our team is friendly and empathetic, and we pride ourselves on our level of responsiveness. You can be sure one of our knowledgeable team will get back to you as soon as possible regarding any queries you may have with your case or about making a claim.

Contact Lawford Kidd Medical Negligence Solicitors in Edinburgh, Glasgow, Aberdeen & Dundee today

If you have suffered as a result of medical negligence our friendly, specialist team can help. Contact us today to begin making your claim or to find out whether you have a case. Call us free on 01312255214.

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