Most people are aware of the hard work carried out by healthcare workers: sadly we are also aware of the limited resources, pressure and simple human error which can lead to a fall in the level of care they provide. This is known as negligence and any patient who is injured as a result of it might be entitled to make medical negligence no win no fee claims. Many patients who have been injured are put off making a medical negligence no win no fee claim because they feel guilty for doing so. 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 by no means simple and that there are no guarantees of success in medical negligence no win no fee claims.
If you believe that you’ve been the victim of negligent treatment which has lead to suffering then you should first complain using the NHS complaints procedure. This is a procedure aimed at addressing allegations of negligence and giving explanations of what went wrong and how. Although this system does not award compensation, it helps give the victim a clear picture of what happened, allowing them to take the decision of 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.
If your case is considered viable then you will expected to show that the care you received fell below the standard of a reasonably competent medical practitioner in the relevant area of medicine. If the defendant can prove that a reasonable number of qualified and competent practitioners would have carried out your care in the same way then that will be considered a defence.
To win a medical negligence no win no fee claim, patients must demonstrate that the negligent treatment itself caused the injury and that the injury would not otherwise have happened. This is why medical negligence no win no fee claims are so complex.
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