How to Make a Medical Negligence Claim

If you feel you have been treated negligently by a medical practitioner you could be entitled to medical negligence compensation.  The processes of making a medical negligence claim can be quiet complex however at Simply Lawyers our dedicated team of medical negligence solicitors can help.

Contact our Specialist Medical Negligence Solicitors today to discuss how you can make a Medical Negligence Claim and what we can do to help.  Call us today on 0800 012 5880 or text “Simply” to 07883504919.

The process is governed  by the medical negligence pre action protocol.  The basic process is set out below:

Letter of Complaint

If you have been treated in a way in which you believe is not up to the standard of a reasonable practitioner then you ought to make a formal complaint in writing.  This will highlight the areas of your concern with the treating doctor or NHS trust.  You letter should be precise and detail exactly what your concerns are in relation to the treatment you received.

At this stage you may wish to consult a Medical Negligence Solicitor.  They will be able to provide you with some guidance as to what you should include within your letter of complaint and to establish whether you may have a claim for medical negligence compensation.

Formal Response

Once you have made your written complaint to the medical practitioner or NHS Trust they have to respond within a reasonable time frame, usually around 3-4 weeks.  It may be that they request a meeting with you to allow you to discuss your complaint in a more formal way in order to assess the best course of action for you in relation to treatment and the way things went wrong.  Always request that this however is followed up in writing and that you take the advice of a medical negligence solicitor prior to your meeting so that you are aware of your rights.

If the formal response given is not to your satisfaction or there is a clear indication that the treatment you underwent was negligence you ought to provide formal instructions to your solicitor to investigate your treatment further.

Call our free clinical negligence claim line on 0800 012 5880 to discuss your claim for medical negligence further.  Our Specialist Medical Negligence Solicitors will help you with your medical negligence claim for compensation. 

Request For Medical Records

Once you make the decision to make a claim for medical negligence and you instruct a Medical Negligence Solicitor at Simply Lawyers we will make a formal request for the medical records relating to your treatment and pre-existing conditions.   Often the medical records are somewhat long and complicated and one of our specialist nurses will consider them and put them into chronological order and index them accordingly.  This will make it easier for them to be referred to throughout the process of your claim by both your solicitor and the treating physician or NHS Trust.

The time for provision of the medical records is a maximum of 40 days from the date of the formal request for the same.  A fee is normally payable to obtain copies of medical records.

Screening Medical Reports

If having considered your medical records and the formal response to your letter of complain you medical negligence solicitor feels it necessary they will obtain the opinion of a medical practitioner in the relevant field to the negligent treatment you received.  This opinion will be based on two elements, breach of duty and causation.  Breach of Duty is based on whether the treatment you received was to the standard of a reasonably prectitioner or not.  Causation relates to the injuries you sustained as a result of the negligent treatment and whether the same were as a result of the breach of duty or simply a complication which is recognised.

Formal Letter of Claim

If having considered the treatment you received and whether or not the expert who prepared the screening report is of the opinion that the same is of an unreasonable standard or negligent our specialist medical negligence solicitors will write a formal letter of claim.

The letter of claim will provide a chronology of events both leading upto your treatment and thereafter.  It will also discuss why it is is felt that the treatment received was negligent and or there was a breach of duty.  In addition the letter of claim will deal with what the consequences of that treatment has been and a brief outline of the claim against the treating practitioner or NHS Trust.

Formal Response to the Letter of Claim

The practitioner or NHS trust will at this point either pass the matter to their insurer (if Private) or the NHS Litigation Authority for them to provide a formal response to the points raised in letter of claim.  If breach of duty is denied then details as to why the practitioner, their insurers or the NHS Trust believe that the treatment provided was to the standard of any other reasonable practitioner.

If however the admit that there is a breach of duty then they will simply comment of causation, ie the extent of the injuries you sustained vs those that you would have had no matter what even had the treatment have been successful.  It is at this stage that negotiations can take place to start dealing with the settlement of the claim.

The Next Stages

It is too complex to deal with every stage of a medical negligence claim as everyone’s claim is always unique and is dealt with as such.  The above are the very basics and our specialist No Win No Fee Medical Negligence Solicitors will be able to discuss latter stages with you as they come about.  Rest assured however they will ensure that everything is explained in plain English and you will be helped throughout the process.  We understand that in circumstances which lead up to a medical negligence claim that trust is vital to ensure that you are reassured at the service provided by us.

If you feel that you could be entitled to medical negligence compensation or wish to find out if you are contact our specialists on 0800 012 5880 or text “Simply” to 07883504919.  Alternatively complete the form to the top left of this page.