Proving medical negligence can be an extremely difficult thing to do unless there is a preponderance of evidence indicating that the doctor in question failed to provide what is considered, by law, to be reasonable care. Here is where complications arise when making a case because there is some amount of controversy over exactly what constitutes reasonable care. If you are looking to make an effective case, here is some of what you need to know.
How Is Reasonable Care Established?
Traditionally, reasonable care was defined as what most medical practitioners would do under similar circumstances. Therefore, the defendant simply had to find a body of his or her esteemed colleagues who would say that they would have acted in the same way, given the diagnosis and options for treatment. This was counted as expert testimony for the defence.
However, in recent years, this test proving the standard of care has been increasingly questioned by medical negligence solicitors. As a result, different ways of assessing whether or not a doctor breached Duty of Care are called into account. As you can see, it can get quite complicated proving a medical negligence claim and so it is often advised that you may wish to consult with specialist medical negligence lawyers who are well versed in medical negligence laws.
Key Points to Be Aware Of
When seeking to file medical negligence claims, UK law mandates that all complaints must be filed within three years. There are some exceptions, however, such as when the claimant is mentally ill or in some way unable to file a claim sooner. The courts will look at any substantiating facts before determining whether to accept the claim.
Get Your Facts Straight
Before making a medical negligence case against a doctor, it is imperative that you get your facts straight. According to The Medical Negligence Experts team of experienced advisors, it can be quite difficult enumerating facts when you are not a medical professional.
You will need, at the very least, medical experts to testify on your behalf that you didn’t receive the quality of care necessary for a favourable outcome. The doctor is alleged to be guilty of medical malpractice and your experts can explain, under oath, why they feel you should be compensated for your pain and suffering.
An Effective Case Takes Time, So Be Patient!
Most medical malpractice claims never see the inside of a courtroom. The doctor and his or her insurance company will seek to settle out of court. They will offer you a settlement somewhere in between what you are asking for in your claim and what they will eventually be willing to pay. If your suffering is serious enough and is expected to continue throughout the rest of your life, you may wish to take your case to court.
On the other hand, you need to decide whether you feel you can be successful in the courts. Do you want to settle for less or are you willing to wait between 18 and 36 months before going to trial? With so many things to consider, the best way to make a claim will probably be to let an expert guide you through the process. That is the best way to ensure that the claims you make are effective, winning the case for you.