Common Errors of Medical Malpractice Claims

The NHS Litigation Authority reveals slowly but steadily increasing numbers of medical malpractice claims every year. Of all reimbursed health-related claims, medical malpractice claims make breaking news most often because of large amounts granted in compensation. Unfortunately, these compensations are only granted to people suffering from very severe and often lifelong conditions certainly resulting from medical malpractice. These people will spend their money on pills, rehabilitation medical procedures and people to nurse them into another day. Even worse, for each such obvious and successful case that makes it into the media, there are other cases that are settled for less than they would value in a court of law. Less reflected, but not at all uncommon, these are usually straightforward, obvious cases.

Error 1. You need a lawyer when you prepare for a trial.

You need a lawyer for professional legal advice and representation. This includes cost-free general legal advice on matters related to their specialities, which most lawyers willingly offer. Also, this includes all forms of case resolution that are alternative to trials, like mediation.

Error 2. Lawyers are too expensive these days.

"These days" saw the extension of No Win No Fee financial arrangement to many legal specialities, including medical negligence, and to other legal services except for litigation, like mediation.

Error 3. Obvious medical malpractice cases result in large compensation amounts.

Even though large compensations granted in court make breaking news regularly, hasty settlements of medical negligence claims for as little as 10% of what would have been granted in trial are far from uncommon. There is a gap between obvious cases and fair compensation.

Error 4. I will save time by handling my straightforward case on my own.

In an effort to gain time and avoid expenses, misinformed victims decide to handle their case on their own. Let's see… Most medical negligence claims in the UK are filed against the NHS. Many times, claims are filed against institutions that have legal departments and work with established insurers. By filing on your own, you let your case at the mercy of professional lawyer teams that are not on your side. In truth, straightforward medical negligence claims reach reasonable (even though not always spectacular) solutions, when professionally handled.