Did you know that between 15,000 and 19,000 medical malpractice cases are brought against doctors and nurses each year? If you’re a victim of medical malpractice or negligence, then you can defend yourself and get fair compensation.
If you’re a victim, you should follow steps within the law to hire a good lawyer, set up a case and win medical compensation for your case. While nothing makes up for lack of proper medical care, especially if it causes life threatening injury, you can ensure that you have the money for future care and perhaps to repair any damages done by improperly performed surgery or adverse reactions to drugs.
Determine if Your Case Qualifies As Malpractice
The very first thing you should do before hiring a medical solicitor is to ensure that you have a case. If your particular problem qualifies as medical malpractice or negligence, then you can hire a medical solicitor and sue for compensation. However, it is important to make 100% certain that you have a case before bringing it to court, or you will end up paying the bills. A medical malpractice or negligence case can be undertaken from one of these four problems:
- You Have Been Refused Medical Care
- The Care Promised You Was Not Given
- The Care Promised You Was Not Given And You Suffered Because Of It
- Care Was Given But Caused Damage Outside of Discussed Risks
It’s important to remember that some surgeries or medicines can cause problems. However, if you did not have a discussion with your doctor or nurse or did not sign a medical waiver in case of damages, you do have a case. In some cases it’s also important to remember that the medicine and not the doctor or nurse is your problem. If this is the case then you have a suit against the company.
Find a Medical Solicitor
Next, you will want to find a medical solicitor who is willing to handle your particular case. Some solicitors specialise in medical malpractice or medical negligence but most will cover both.
You should look for a medical solicitor who is experienced, has rates within your budget and hopefully a history of winning cases. This will give you a better chance to win your own case and give you a better advantage in the courtroom than if you were working with someone new to the field.
Talk with the person you hire to outline your case and tell them why and how you believe damage was done and what you believe you should be compensated. Depending on your individual case, you will be eligible for a varying rate of compensation, so it’s important to discuss this in advance.
Next, try to settle the case outside of court. Most medical institutions will be willing to settle outside of court if they know that they were at fault. If you’re planning on opening a case against a hospital, try contacting their human resources department in advance. Tell them what went wrong and then ask what they plan to do as compensation. Try being polite first so that if you do go to court, you won’t have any issues on your side of the case.
Take Your Case to Court
If the medical institution is unwilling to rectify the situation outside of court then you will need your medical solicitor to represent you in a court of law. Usually this will require your solicitor to present the files, evidence and other documentation as proof while the medical institution in question provides counter proof.
If you can’t afford to pay for a medical solicitor, you can check with one to see if you are eligible for a ‘no win-no fee’ arrangement, where your fees will be taken from public funding. Should you win the case, most likely the hospital or GP in question will be required to pay the full cost of the court case as well as full compensation for the negligence that caused you harm.
Are you the victim of medical malpractice? Look around and see if you can’t find a quality medical solicitor to help you with your case.