When the dust settles – taking your doctors to court

4th July 2013

As a victim of medical negligence, once you have established a case against a practitioner or healthcare provider – gathered evidence and sought specialist legal advice – it is still up to you to make the decision to sue. Each case is unique, and it may be that there are several key factors that will cause you to act.

Other avenues for appeal, such as taking your complaint to the ombudsman service, do exist, but if you are trying to recover lost earnings or provide for future living costs under changed circumstances, you will need to take legal action. The severity of the injuries you have sustained will directly influence the extent to which you feel compensation is worth pursuing.

Consider the degree of acceptable risk associated with the treatment or medical procedure through which your injury occurred. Were you adequately warned of the risks and their likelihood? This is the kind of question a good solicitor will help to answer.

A specialist firm like Fletchers Solicitors will also recognise the significant step you are taking by initiating legal proceedings, and will take great care to ensure you are given ample support throughout the process, and beyond a court win. Most cases will be settled out of court, with your legal team acting on your behalf to obtain an admission from the hospital or doctors as well as compensation to help rebuild your life.

Too often, individuals with an otherwise genuine and actionable case against a doctor or an organisation like the NHS that has breached a duty of care will decide against legal action for fear of seeming ungrateful for their care. While it’s important to value the UK’s national public health service, as well as the dedication of expert clinicians, it is difficult to overstate the significance of seeking damages and formal reform.

Rather than appearing thankless, you should feel confident that by demanding answers you are forcing the system to work better for others, as well as securing your financial future through a compensation win.

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