Medical negligence raises the spectre of horrific medical mistakes and people left to die by NHS staff too busy to take care of them. While medical negligence does encompass these cases and far more, there are seven common misconceptions about medical negligence that often prevent victims from seeking assistance or getting the right type of help. We’ll also tell you the truth about your options when it comes to medical negligence cases.
It’s My Fault, and I Have to Live with It
One common misconception is that you shouldn’t bother doing anything except living with the consequences because of a mistake. Maybe you didn’t recognize that your child’s chronic ear ache was a middle ear infection and caused permanent hearing damage or you went to the doctor for that mole but didn’t bring up other concerns, so the cancer was missed. You didn’t mention all of the medical symptoms you had to the nurse, so the problem became worse after you went home with an incorrect set of medication. Or you didn’t put an allergy warning bracelet on mum or your son and they nearly died of an allergic reaction.
While you have a hand in all these situations, you should never deny yourself the potential compensation you could receive because you weren’t omniscient or infallible. Consult with one of the best medical negligence solicitors in the UK and learn about your options. You might still be eligible for compensation depending on the case.
I Don’t Have a Case, I Shouldn’t Even Try
There are times that people are aware of a situation, but decide they don’t have a case, so they don’t even bother talking to a lawyer. It was a rare form of cancer missed by the doctors during a routine exam, so it really isn’t anyone’s fault. The staff in the NHS are overworked, so mistakes are inevitable; we should just take their offer of palliative care or corrective treatment and go on with life. Infections after surgery are a known risk, so we shouldn’t bother with a medical negligence case.
It Is More Stress to File a Claim than Live with It
A serious misconception is a mistaken belief that it is very stressful to file a medical negligence claim. Thus, they live with the problems the medical negligence created instead of seeking compensation for out of pocket costs or lost wages because they are afraid of long drawn-out trials and stressful investigations. This couldn’t be farther from the truth if you’re working with the right medical negligence solicitors.
A good solicitor will handle most of the work for you, whether requisitioning documents or filing forms with the court. You may need to turn over your financial statements and medical bills or go for a second medical evaluation, but this is nothing compared to living with the pain, suffering, and financial losses that often accompany medical negligence.
In some cases, they’re afraid of spending a fortune on legal bills. In reality, the no win no fee structure means you probably don’t have to pay anything out of pocket at all. And the settlement negotiated by good medical negligence solicitors ensure that you have sufficient money left over for medical bills and other costs after the solicitor takes their cut. Don’t let the fear of a hefty legal bill prevent you from seeking legal advice.
I Have to Go to Court
A misconception closely related to the “it’s more stress to file a claim than live with it” is the fear of going to court. They’ve watched too many court dramas and are afraid of being torn apart on the stand. In reality, most medical negligence cases are settled without ever going to court. Even if a court date is set, many opponents decide to settle before anyone steps foot in a courtroom. If the issue does go to court, your solicitor may be able to handle everything on your behalf.
There Are Too Many People Involved to Find a Solution
There are times when it is difficult to determine who made the mistake in the first place. Did your doctor prescribe the wrong medicine or did the pharmacy read the prescription wrong? Is it your fault for not mentioning complimentary treatments you’re receiving, the doctor’s fault for not ordering specific tests, or something else? If your family member suffered complications after medical treatment, was it due to inadequate instructions on post-operative care, infections that one is at risk of when visiting a facility, or a home caregiver’s errors?
In some cases, you were aware of a problem and sought advice from multiple medical practitioners. When the condition is finally diagnosed, it may seem impossible to assign blame for the repeated misdiagnoses. However, good medical negligence lawyers can review your medical forms and identify the responsible party or parties. And yes, you do have a case if liability is split between several parties.
Don’t File a Negligence Claim Because It Will Hurt the Hospital
Don’t sit back and suffer because you think that the medical negligence claim will hurt the hospital. They hurt you through their mistakes and you have the right to redress. And payment for medical malpractice claims will not bankrupt a hospital. However, the hope of avoiding future claims gives hospitals a reason to improve their quality of care.
So, ultimately, you’ll be helping the community at large by keeping the hospital on notice. From now on, the staff may decide to improve their services for fear of another case being filed. Sitting idly by helps them avoid prosecution and they might brush the whole issue under the rug.
I Can File a Claim at Any Time
Some people may wrongfully think that because a possible negligence was recorded, you make a claim at any time. But you have a three-year window for filing a medical negligence claim UK, though there is some leeway for cases filed involving children who were injured at birth. Don’t assume you can try to live with it for another year or two to see if things get better. Consult with a medical negligence solicitor or use websites such as www.the-medical-negligence-experts.co.uk for information and contact details to ensure that you can file a claim.
Don’t assume that because you played a contributing role in the medical problem that landed someone in the hospital or made a mistake at some point dealing with the problem that you have no recourse. It is possible that you don’t have a legally valid medical negligence case, but this concern shouldn’t prevent you from consulting with a lawyer to find out if you have a case.
You don’t need to be afraid of going to court since most medical negligence UK cases are settled outside of court and you’ll have a good solicitor with you to handle everything if it does go to court. If there are several different groups to blame, you can still pursue a settlement from one or all of them, depending on their liability. Don’t sit back and live with the pain because you’re afraid to hurt the hospital. Don’t wait to seek legal advice if you have a medical negligence case.