Claiming For Hospital Negligence
Claiming For Hospital Negligence
Understanding how to claim for hospital negligence can be extremely important, especially for those that have experienced hospital negligence or for those that are claiming on behalf of someone else.
This article will be about explaining the claim process for hospital negligence so that you are aware of all that you have to do.
What is the process for hospital negligence claims?
Hospital negligence claims can of course differ from person to person, but this should give you an idea of what to expect from your negligence claim and the process that you should aim to adhere to.
The first action that should be done in a negligence claim is to start with a formal letter of complaint to the executive chief director at the hospital in which you received your treatment. It is likely that you will have to contact the hospital for this information, or it may be on the hospital website.
Writing a letter to the executive chief director should then trigger a number of processes whereby the hospital must conduct a formal and proper investigation into your complaint of hospital negligence. Following on from this, they must also give you a formal written response.
Hospital Trusts must be open about any findings to do with the investigation that may reveal poor care. This must be shared, due to the Duty of Candour. A letter of response from the hospital is important in your case when you contact a solicitor or lawyer, to be able to narrow down any issues in the investigation.
The claim of hospital negligence can then begin:
- When presented with the letter sent from the hospital’s response, we will then listen to the specific instructions from the client, this involves hearing of the evidence, to make an initial assessment on the case to decide the best route for you.
- It is important for the client and the lawyer to work together to ensure that they have obtained any medical records that belong to the patient. These are considered crucial for understanding and strengthening any alleged hospital negligence claims.
- Health insurance claims are next as some insurance policies including some house insurance policies contain legal expenses that can be used to cover the costs that are associated with a hospital negligence claim.
- It is important then for medical professionals to review the original medical record of the claimant and to give a professional and independent opinion on what happened and whether the care was adequate or not. If it is believed by the medical professional that the care was not adequate then a medical expert should be able to advise on what ought to have happened instead.
- A lawyer should then send a formal letter of complaint containing in chronological order, what happened and any allegations of negligence should then be sent to the Trust. Within this, should also be information on the impact of the breach of duty. The Trust then have four months to fully investigate any allegations made against them. Once this 4 month period ends the Trust must then respond with a formal letter of response that will either accept or deny fault.
What if the Trust accepts fault?
If the Trust admits liability and causation, then the client can win their claim and begin negotiations regarding compensation for hospital negligence.
Your lawyer will work hard to ensure that a fair amount of compensation is received.
What if the Trust denies fault?
If the Trust denies negligence, then a lawyer will have to assess the defence to determine whether it has any merit. Following this course of action, your Lawyer will then be able to let you know whether you have a valid argument against the claims.
It is important though, to understand that hospital negligence claims can be very different. Whilst we can give you a rough idea of what the claim process may look like for hospital negligence, it can of course differ and feature lots of different scenarios.
Speaking to a Lawyer
We do recommend that in situations of hospital negligence, each claimant first consults a lawyer to discuss the situation and to find out if it is likely that you will be able to claim against the Trust.
Here at CP Law Associates our negligence claim lawyers are on hand to provide you with a free initial consultation should you believe that you have not been given an appropriate level of hospital care.
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