Medical negligence is a very complicated area of the legal system and it requires specialist legal advice from trained medical negligence lawyers in order to make a successful claim. This is especially the case when you are making a claim on behalf of a relative rather than yourself.
If you were claiming on your own behalf it would be relatively simple to describe the injuries or suffering you have experienced to a solicitor and how they came about, whether it was through misdiagnosis, hospital mistake or poorly done surgery.
However, when claiming on behalf of a relative it is likely that person is not in a state in which they can express their suffering. This could be for a number of reasons. It could be a newborn baby who is suffering from cerebral palsy due to a botched delivery, an elderly relative who has received poor treatment or care in a care home or someone who has suffered brain damage due to a mismanaged operation or poor after care.
In these cases and many more like it, it falls to relatives to try to claim for the appropriate - and deserved - medical negligence compensation.
The first step is to make a written complaint to the healthcare professional, hospital or other institution as this has to be taken note of and investigated. Even if this does not immediately turn into a satisfactory resolution for yourself, the hospital or individual is likely to take steps straight away to ensure the error is not repeated, so you'll be helping future patients.
Once you have received a response, which is unlikely to be an offer of compensation, you need to contact a specialist medical negligence solicitor, one who is a member of the Law Society. You will be able to find these using the internet or your local telephone directory.
You will need medical evidence, proof that the person treating your relative had a duty of care, proof that that duty of care was breached and evidence that the injury or suffering of your relative was directly related to the breach of care of duty - otherwise known as medical or clinical negligence.
With this evidence gathered, your solicitor will be able to tell you whether or not you have a case worth pursuing. If you do, they will then begin legal proceedings. This will either be with Legal Aid, in which your costs (or part of) will be paid for, or on a No Win, No Fee basis, which means you will only pay the solicitor if they successfully win your case and you receive compensation on behalf of your relative.
The amount of compensation you receive will depend on a number of factors including the level of suffering caused, the amount of care the patient will require in the future and more.
It's an upsetting time for those involved and you shouldn't feel bad about claiming what is rightfully yours. Indeed, you may well need the compensation to ensure your relative has the best care for the future.
