Medical Negligence SolicitorsDeciding to take a claim for medical negligence to court can be a daunting prospect and one where you may feel that you are up against more than the doctor in question. This is where medical negligence solicitors are worth their weight in gold. They will be able to tell you if you have a good case and will be able to do the negotiating for you.
Finding out if you have a case is of course, the best place to start. In law, medical negligence is defined as any act or omission which falls short of the standard expected. This means that the doctor in question will be judged by the standard of other doctors in a similar field.
It is important that the solicitor is able to show that the doctor had a duty of care and was the person responsible for the negligence. Any injuries caused need to have been caused by the doctor in question.
If your solicitor feels that he or she will be able to prove these things then you may well have a case for compensation. The amount of compensation awarded will be worked out based on the following criteria:
• Loss of income either in the past of future
• Care requirements
• Medical expenses
• Pain, suffering and psychological damage
• Loss of employment prospects
• Legal expenses incurred
You can pay for your legal expense in a number of ways. This will include employing a solicitor on a No Win No Fee basis. Any legal fees incurred will be paid only if the case is successful and will be paid by the the losing party. If the case is lost, the fees will be written off. This is good solution for most people as the medical negligence solicitor will only take on cases where they have a good chance of winning.
Another option is to get legal aid. The rules on this are likely to change in 2011, but provided certain criteria are met, the cost of legal representation will be met by public funds. Having legal insurance is another good way to fund a negligence claim. In most cases a small extra premium can be added to a home insurance policy and this will pay for legal action.
Taking action against a medical provider is not a simple process and the help of a good medical negligence solicitor is essential. With the right help, good compensation payouts can be gained and this can help you to recover from your injuries or loss.
Here are some organisations relating to medical malpractice in the UK:
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