How to Take Legal Action for Clinical Negligence
Article Source: HealthSnare.com
If you or a loved one have recently had medical treatment that hasn't gone well, you may be considering taking legal action. In this article, we take a look at how you should proceed if you want to take legal action for .
If you believe that you, or a loved one, have suffered as a result of some sort of clinical negligence, and you are thinking about taking legal action against the medical practitioner or hospital that provided the treatment, your first step should be to find a reputable firm of solicitors that specialises in clinical negligence cases, and book an appointment with them to discuss your case.
Generally, if you want to make a clinical negligence claim, you need to start legal proceedings within three years of the incident for which you are claiming. As clinical negligence cases can take some time to prepare, it's important to contact a solicitor as soon as possible if you are thinking about making a claim. However, there are some exceptions to this rule, so even if the incident occurred more than three years ago, it is worth contacting a solicitor to see whether or not you would still be able to take legal action.
The term "clinical negligence" has a very specific definition in law and your solicitor will initially need to assess whether or not you are likely to be able to make a clinical negligence claim. Many firms of solicitors offer their potential clients a free initial interview. If your chosen solicitor's firm offers this, you will be able to discuss your case with a qualified solicitor, who may be able to advise you immediately as to whether or not you have a potential case, or may ask you to obtain further information and documentation so that he or she can make an assessment.
If your solicitor believes that there is potential for you to make a clinical negligence claim, he or she will then advise you of the steps that will need to be taken. Your solicitor will need to investigate your case fully, get copies of relevant documentation (such as your, or your loved one's, medical records), and obtain opinions from medical experts, before preparing your case for any resulting court appearance. Most firms of solicitors will use medical experts who they have worked with many times before and whose opinions they trust, so you won't need to worry about finding your own medical experts.
If you're considering making a clinical negligence claim, it's important not to be put off of contacting a solicitor because you are worried abut the possible costs involved. will also be able advise you about the ways in which you can fund your case before proceeding with it.
You may, depending upon your personal financial circumstances and whether or not your chosen firm of solicitors is approved for clinical negligence work by the Legal Services Commission, be able to obtain public funding (known as "legal aid") for your case. Alternatively, your solicitor may be able to offer you a Conditional Fee Arrangement (often referred to as a "no win, no fee" arrangement). In some cases, you may be able to claim on a personal insurance policy or obtain funding from your Trade Union, but your solicitor will be able to discuss these options in full with you once he or she has assessed your case.
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Date: Thu, 4 Nov 2010 Time: 6:04 PM
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