Why Medical Negligence No Win No Fee Claims Are Complex
We are all familiar with the type of hard work medical workers perform everyday: unfortunately, other factors such as limits on resources, human errors and pressure can cause the standard of care provided to slip below what is expected. This is known as negligence and any patient who is injured as a result of it might be entitled to make medical negligence no win no fee claims. Many victims who are considering making medical negligence no win no fee claims feel guilty, as though they are making an unnecessary fuss. Regardless, being injured as a result of someone else’s negligence is serious and the victim is perfectly entitled to an apology and compensation.
Errors such as delays in diagnosis, poor care, wrong treatment, negligent performance of an operation or procedure or misinterpreting test results are examples of the mistakes which could lead to a medical negligence no win no fee claim. It is important to remember that this area of the law is by no means simple and that there are no guarantees of success in medical negligence no win no fee claims.
If you think that you have been injured as the result of the negligence of a medical professional then the NHS complaints procedure should be your first step. This is a procedure aimed at addressing allegations of negligence and giving explanations of what went wrong and how. Although this system does not award compensation, it helps give the victim a clear picture of what happened, allowing them to take the decision of whether or not to make a medical negligence no win no fee claim.
The complexity of this area of the law means that a solicitor must first examine your case closely to try to decide whether or not you have a viable medical negligence no win no fee case. Next, an independent medical expert will consider your case to spot any negligence and make the final decision about whether you have grounds for a medical negligence no win no fee claim.
If your claim is thought to be viable then you will have to show that the care or treatment which you received was below the standard which could reasonably be expected of a competent medical practitioner. It is considered a viable defence if the practitioner can demonstrate that a reasonable proportion of other practitioners would have acted in the same way.
In order for their medical negligence no win no fee claim to be successful, patients must then prove that their injury was directly caused by the negligence and that but for the negligence the injury would never have occurred. This is why it is by no means simple to win a medical negligence no win no fee claim.