Serious injury or medical negligence – what’s your claim?

12th June 2013

So do you have a claim? Is your case one of serious injury, or has medical negligence played a part? Every case is different. Here, we offer some examples to aid in your approach as you seek professional advice:

Defining serious injury
If you or a loved one have been seriously injured, it can be a very traumatic time and in some cases life changing. These types of injuries can happen anywhere, at any time and can include injuries which occur during sporting activity on holiday, accidents at work, to extensive brain damage. Road traffic accidents are a common cause of serious injury here in the UK, and one of the many types of cases Fletchers specialise in dealing with.

It’s worth asking whether your case of serious injury might warrant legal action against an insurer, an individual, employer or organisation. Who is at fault? Discussing your situation in confidence with a specialist firm like Fletchers is advisable and can help to determine if there is a legal claim to be made.

So what is medical negligence?
In the case of medical negligence, the duty of care owed to a patient by healthcare professionals has been breached. The patient has sustained harm which should have been avoided, the extent of which varies from case to case. Examples of medical negligence include delayed or wrongful diagnosis, the effects of infections contracted as a result of sub-standard hospital care, and even mishaps during surgery.

Given that making a claim of medical negligence necessitates finding fault, often with an individual, starting this legal process can feel confrontational for some. It’s a common refrain that people who might otherwise qualify for compensation don’t want to be perceived as making a fuss by seeking legal advice on their circumstances. Choose a solicitor who will take on the fight for you, and make the process as straight-forward as possible.

Evidence
You need to be able to provide evidence to support your claim of either serious injury or medical negligence. This will include medical records, letters and emails to and from doctors, hospitals and insurers, as well as records of any costs incurred for medical treatment and care relating to the instance of injury or harm.

A good solicitor will assist you in preparing your evidence and establishing some key points, but keep or make copies of any correspondence, medical bills, and so on which may help to build your case.

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