How Successful are Medical Negligence Claims?

M edical negligence, also called clinical negligence, is breach of duty of care by a medical practitioner. This is so when the practitioner fails to follow outlined guidelines or makes a genuine mistake in the course of offering treatment resulting in injury or aggravated suffering on the patient's part. Patients are advised to seek compensation to avoid financial strain resulting from clinical negligence cases which demand further treatment. When someone falls victim to medical negligence, the law and the National Health Service (NHS) allows one to initiate/launch an official complaint, seek redress and even claim compensation. Medical negligence claims are mostly successful when they are made in the following manner. Seek a legal expert/solicitor A solicitor will advice the client on the cost of launching the claim, how much of that can be recovered and in the case of a settlement being offered, whether the client can accept or ask for more. Cases of medical negligence are always complex in terms of evidence being dealt with. This revolves around medicine, science and anatomy hence the need to employ experts. A medical expert/counsel will be able to argue a case based on the fact that the claimant was treated negligently by a medical practitioner, and that this negligence caused injury or illness that would have otherwise been avoided. Launch a complaint/ start a claim within three years of negligence becoming apparent. Medical negligence claims are highly successful, and according to the NHS Litigation Authority, 96% of cases they handle are successfully settled without going to court. This is the case even with claims made against private medical practitioners, as many prefer settling them out of court with the help of barristers and solicitors.