How Do I Claim Against A Hospital?
October 25, 2019
Though the NHS is famed for its healthcare provision to people all over the country, there are times when these high standards slip between the net and there are spikes in hospital negligence. Whether your doctor has failed to provide you with proper aftercare, given you incorrect medication, or was unable to give an accurate diagnosis, these problems are only rising now the NHS is facing its busiest time yet. This means it is more likely that you or someone you know has suffered from medical negligence recently. Thankfully, there are some key steps you can follow to help you make a successful claim against the hospital you were treated at.
Find A Solicitor
Dealing with the effects of medical negligence can be daunting. Often, making time to find a trustworthy solicitor can feel almost impossible, but it is a vital part of making your claim. Without someone to guide you through the legal process and represent you, the claim journey can become even more stressful. Though you will unlikely be going to court over your claim, there is still vital work that your solicitor must complete behind the scenes. Luckily, finding a solicitor with your best financial and medical interests at heart is now much easier thanks to online platforms, which aim to offer unbiased recommendations so you can make an informed decision.
Fund Legal Fees
Most people are lucky enough to encounter minimal medical costs in their lifetime, thanks to the NHS. Yet, it can be more expensive to fund excess medication as a result of medical negligence. This means the average claimant won’t want to spend too much on legal fees to ensure a successful claim, as this can only cause more stress. Though the legal fees for negligence claims have reduced, going it alone can still result in more expensive legal fees. Therefore, it is highly recommended you go with a no win no fee claim, so you don’t lose out on money if your claim is unsuccessful.
Make Sure You Have Proof
Hospitals are at the root of various long-term health issues among the patient population. However, proving that a hospital is liable for medical negligence is the hardest part of making sure your claim is successful. It is not as easy as having a real-life story behind what has happened to you, as it must be clear that the medical treatment or incorrect diagnoses received has paved the way for further complications. Though it can be difficult to rely on medical documents as proof, you can turn to the Bolitho Test as a way of determining medical negligence.
Gather Medical Witnesses
Otherwise known as gathering medical witnesses, the Bolitho Test allows medical professionals to act as experts on your behalf. For example, if your doctor prescribed you medication, or operated on you in a way that has caused long-term damage to your health, the Bolitho Test runs on the theory that if other doctors would not have acted in this manner, then your doctor, and thus the hospital, was medically negligent at that time. It does not matter if the doctor acted with malice or not, as it shows a lack of sound medical judgement all the same.