Medical Negligence Solicitors

What is involved in a legal case and how can a medical negligence solicitor help?

Many individuals rightfully believe they have been treated unfairly with regard to a medical negligence claim. Generally speaking---many times it is true. The preceding event is when the medical negligence solicitor steps in and provides the proper advice in determining if a true claim does exist, or in other words, he or she determines if a claim is provable. The following text is quite helpful in providing the enquiring individual information as to what happens during the primary meeting and what follows in order to take action with regard to a legal proceeding or in gaining a fair and just settlement. Once again, the very first step is the meeting with the legal professional. The initial meeting, too, is provided free of any fees. This is an exploratory meeting to better understand the set of circumstances and to determine what precisely is required in getting the matter properly resolved. 

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The standard procedure as it pertains to a medical case is as follows:

1---A statement is taken,

2---The medical records of the person registering the complaint are obtained;

3---An investigation is executed in way of a report provided by an independent expert,

4---Issuance of court proceedings and exchange of written summaries on behalf of the position of each party to the legal event occurs;

5---There is an exchange of witness statements between the parties involved;

6---An exchange of the reports of experts occurs, and

7-- Then there is a wait time with regard to trial preparation and the actual trial.

The first question the legal professional asks him or herself---Is the negligence provable?

The legal associate is put to the task of first investigating whether the claimant has a case that will end up in providing the client with a favourable result. The individual, in this regard, determines what compensation he or she is likely to obtain for his or her client versus the projected costs.

The claimant is wise to make his sole objective recovery of damages by way of monetary compensation:

The claimant is put to the task of determining what he or she wishes to achieve in way of the outcome. The experienced legal professional has learned that it is the person who takes action to recover a financial loss that is truly satisfied in proceeding with any form of litigation. Money to recover from damages is the main objective of the person wishing to achieve success. Persons who hope that such extraordinary injustices do not happen to other persons, or who are proceeding with a claim in order to practice revenge against the other party who caused the accident or illness will probably not be all too pleased with the outcome. The professional objective, then, of the claimant is to recover financially, from an event that was unjust or unfair.

It is imperative to prove the treatment was substandard:

The claim may succeed, if the claimant is able to demonstrate that his or her treatment was below the minimum level of competence. Solicitors know that if it is provable that the competence level was sub-standard. The reality, which the trained legal professional knows all too well is that proving the competence level was below standard in many scenarios is difficult. The second test is to show that the substandard treatment was the basis for his or her client's injuries. The second test is not associative, however, with the natural progression of the Disease for which the client was receiving treatment. The legal professional, in order to properly evaluate the treatment plan, obtains a report from an independent medical professional. The preceding is necessary since the solicitor is solely trained in pursuing the legal aspect of the case and not trained in the area of medicine. It is very necessary, then, since he or she is not a trained physician to attain an independent report regarding the treatment plan from an independent medical professional. Too: there is not a qualified doctor that will provide an independent report unless he or she is provided with all of the claimant's medical records regarding the treatment plan.

Specific details are attained from the claimant prior to obtaining the medical records:

Prior to attaining the medical records, though, the medical solicitor needs to attain all the details from the claimant in order to properly get hold of the records. He or she then attains the advice from one or more independent physicians. It is a fact; that in over fifty percent of the cases that success is not forthcoming and such cases are, in response, no longer pursued. The reason for the abandonment of a case is simply the fact that the solicitor is unable to show negligence. Another reason is that the medical solicitor, based on what he or she is provided is unable to show damages for which his or her client suffered. When cases are pursued, though, ninety percent of them result in a payment with regard to damages.

The case proceeds after a proper investigation is conducted.

The case investigation generally takes longer than the proceedings:

The medical negligence solicitor realises that the investigation, generally takes longer than the actual legal proceedings. The timeliness of the investigation is dependent on many elements. One factor is the overall attitude of the official health authority and the authority's solicitors; the volume and complexity of the notes of the case, the number of medical specialties involved in the investigation; and the number of physicians practising within the specialties and deemed as reliable medical experts.

Many cases take up to two years or more due to the necessity of detailed reports:

Investigation of a case presenting a great deal in way of complications or a case where a law professional is required to wait a very long time for a number of very busy experts to provide reports can take as long as two years or even greater. The lengthy period results, too, when the solicitor finds it necessary to provide the experts with instructions that are presented in a very logical, step---by--step approach.

The procedure of implementing the case begins once it is determined the case has merit:

When the solicitor believes his or her client has a good case, he or she sends a very detailed piece of correspondence setting out the basis for the claim. The persons, in answer, who are considered negligent have three months, legally, to respond to the document. If the entity or person's response is one of denial then the law professional issues proceedings. The majority of cases go to trial within a period of twelve to fifteen months of issue. Some cases go to trial sooner and then there are some that go to trial after more than fifteen months.

Few cases go to trial and are settled out of court:

The good news is that few cases end up in the court room. Most cases where the medical experts have advised that the injury was a result of negligence are settled by way of the defendants paying damages to the plaintiff. That said, even though the defendants pay damages, they, many times, still do not openly admit that they were negligent. Many settlements take place in the week and on the day before the trial. Some settlements take place on the date of the trial. However, when the client is a child or an adult who is incapable of managing his or her affairs, the settlement as to damages must be approved by the court at a brief hearing.

In Conclusion:

When a person believes he has been treated unfairly or his or her treatment plan has been provided without the proper amount of care, he or she is wise to seek the services of a medical solicitor. Such an individual is well-schooled and experienced in advising and taking care of unjust medical situations, using a realistic and logical approach.