Suffering from medical negligence can be very traumatic and potentially ruin your quality of life. This occurs when a healthcare provider’s substandard care causes you injury or worsens your already existing condition, leading you to having time off work or resulting in your life changing forever. That’s why it’s important to protect your rights after a personal injury, so you don’t lose out on earning and can get justice for your injuries.
To protect your rights after a personal injury caused by medical negligence, you must prove the medical professional breached their duty of care and that it directly caused your damages. Find out more about your legal rights and why you should contact personal injury solicitors in Liverpool.
Legal Criteria
Duty of Care
The medical professional owes you a legal obligation of high-quality care and mustn’t make any mistakes that can lead to a personal injury.
Breach of Duty
The care provided fell below acceptable medical standards and directly caused your injury or worsened condition. It needs to be seen that a reasonable professional would not have made the same mistake.
Causation
The substandard treatment directly led to your injury. It needs to be proven that your health would not have deteriorated in the same way “but for” that specific negligence caused.
Damages
You suffered measurable harm, such as lost earnings, pain and suffering or additional medical expenses. The worse your injury or condition, the more you might be able to claim for the medical negligence suffered. For example, multiple injury claims will be worth more than a small bone fracture.
Strict Time Limits
You need to act quickly with your medical negligence case, so that you stay within the strict time limits in the UK. The Limitation Act 1980 imposes a strict 3-year limitation period to start your claim, starting from when the injury occurred or when you first became aware of the negligence. If it’s deemed that you haven’t started the claim within this 3 year period, it’s very likely that your case will be unsuccessful.
There are exceptions to this rule though. If the victim was under 18, the 3 years don’t begin until their 18th birthday, meaning they have until age 21 to issue formal proceedings. It also creates an expectation for individuals who don’t have the mental capacity to manage their own affairs.
If the victim has unfortunately passed away, the claim can be started 3 years from their death.
The Claims Process
The medical negligence claims process begins with evidence gathering, where solicitors collect medical records and witness statements. An expert review is then needed, which will have to be sent to a healthcare provider who will outline the negligence that occurred. This can be done through a letter of claim that is sent directly to the healthcare provider, so they can be made aware of the allegations.
Most cases are solved in negotiation and won’t go to court, but if you do need to go to court, getting the right support is crucial. That’s why you need to find high-quality solicitors with decades of experience like Bond Turner to fight for you in court if required.