The basic principle of conducting lawsuits related to medical negligence lies in an approach to doctors activity investigation, which reduces the demand to just ‘know what you’re doing’. Lack of professional management of a claim for medical negligence can lead to undesirable results – a complete rejection, or only partial coverage of the damage. Lack of understanding of the description and documentation of the medical case, a wrong choice of a specialist doctor for medical examination, lack of proper instructions from the doctor, and even a recommendation from a lawyer to file a lawsuit that has no chance of being satisfied – all these factors can nullify your efforts. So let us share the insights we get from medical negligence solicitors experts we are getting in touch with on a regular basis.
To take a doctor in the act is not the best option
In the conduct of medical negligence cases, it is important to understand that the task of the lawyer is not ‘catch’ the doctors on their oversight to justify the requested compensation. Doctors have to take complex and urgent decisions, and they can not be sure they are 100% right. So sometimes they make mistakes, like the rest of people every day, but sometimes these mistakes are the result of medical negligence. In this case, the patient has the right to get a compensation for physical and moral damage. To do this, considering lawsuits against insurance companies is reasonable. Claims against them are not the personal pursuit of physicians. Besides the desire of a lawyer to get fair compensation for the client, another goal is to improve the quality of healthcare services provision in order to avoid repetition of such cases of medical malpractice in the future. Therefore, filing a lawsuit against the doctor may not be reasonable, if it is possible to sue the medical institution, the employer, if it does not harm the interests of the client of course. Practical experience shows that claims for medical negligence in which there is no element of personal harassment or incitement are statistically more likely to bring in a positive outcome.
Is it necessary to contact a lawyer to conduct business?
The cases of medical negligence requires considerable expenses of the plaintiff, so that initially they can reach thousands of pounds. Subsequently, the court may order the plaintiff to pay for a second opinion of independent medical experts appointed by the court, as well as the expertise of other professionals. Therefore, the first question that the plaintiff must ask whether it is worthy to contact a lawyer. The lawyer, in turn, should assess, taking into account all risks and costs, whether the chances for the positive outcome are good. In many cases, for many reasons, it is correct to dissuade a client to file a claim, even if the medical specialists are grounds for it.
Preparations for the trial
The main element of the case of medical negligence is a patient’s medical record. It describes the history of the disease, the clinical picture, the point of view of doctors passed the procedures and brought to the attention of the patient information pertaining to his treatment. Unfortunately, there are often discrepancies between actual events and what is recorded in the medical record. The patient claims one thing, but what is documented in the medical records is quite another. This suggests a simple, but not quite a nice conclusion: the client/patient should be recording what’s happening to him in as more details and as soon as it is possible.