Medical Negligence Claims Scotland
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Medical Negligence Claims Scotland
Medical negligence claims Scotland (also known as a clinical negligence claim) happens when a patient takes their medical practitioner or hospital to court for claim compensation due to an act of negligence sustained during their medical care. To get the compensation, the Claimant needs to show that the care provided fell below the standard of a competent medical professional, this caused injury, and would not have otherwise occurred.
Documents that could support medical negligence claims Scotland are:
- Medical records including X-rays and ultrasounds
- Detailed statements from the claimant
- Witness statements (these can be from family and friends)
- Financial evidence
- Reports from medical experts that can be used as evidence
If you are unsure about your claim, you can contact a legal advisor for free, or request a call back by filling the contact form. After discussing your case they will be able to tell you whether you have a claim or not.
Can you start a medical negligence claim using no win no fee?
Yes! almost all personal injury claims are made on a no-win no fee basis. There is no financial risk in this claim. You will be charged only when your claim succeeds, the amount your legal advisor will take will already be discussed before commencing your case. your solicitor will not charge any money if your claim is not successful, and the other party’s expenses are usually covered by insurance.
Types of medical negligence claims Scotland
There are many types of medical negligence claims Scotland, so you could be confused without the help of a legal adviser.
Some of the types of medical negligence cases:
Can I claim against a private practitioner or just the NHS?
A misconception about medical negligence is that claims can only be made against NHS doctors. But, this is not true. All health practitioners that have treated you can be held accountable for their actions, such as private doctors, dentists, cosmetic surgeons, care homes, or any other medical professional, so long as there is proof.
Claiming for someone else’s
Yes, you can. That person can be a child aged under 18 or an adult who, anyhow, lacks the psychological or physical capacity to make a claim themselves. If you’re pursuing a medical negligence claim on another’s behalf, you’re called a ‘litigation friend’.
It refers, you work with the legal adviser and take all necessary decisions that save the claimant’s best interests. Usually, Litigation friends are parents, family members, guardians, trusted friends, or an appropriate official.
Will, I need to appear in court?
Almost all claims of medical negligence are solved before they go to a full trial. Mostly, the other party will come forward followed by an offer of the financial settlement. Still, you should be prepared that your case can proceed to court, and this is dependent on the facts of your case.
Claiming for someone who has died ( medical Negligence Claims Scotland )
The additional effect of knowing that your loved one’s death was caused by the mistake of a healthcare professional is deeply traumatic, at an already distressing time.
When someone dies caused by medical negligence, the right to claim compensation for their injuries and death remains after their death. This kind of claim is brought on their behalf after their death.
The people who profit under the person’s will (or intestacy if they died without a will) may seek compensation for their suffering end up to their death and any other losses they suffered in person as a result of their treatment.
When you should make your claim?
By law, a claim has to be made at Court within 3 years of the patient becoming aware of the problem this is when the negligence occurred. There are many times when claiming for medical negligence sustain exceptions, including if the patient is under the age of 18, or lacks mental capacity. Courts may make other exceptions, although this is unlikely.