How Medical Negligence is Investigated

Before a claimant can be awarded compensation as a result of a claim for medical or clinical negligence, a full and detailed investigation must take place in order to determine if their case is viable, and to see how much compensation is likely to be awarded. The first step that must be taken is by the claimant's solicitor, who must gain proof of the alleged malpractice, for example from the health records of the claimant since the incident took place. There must be clear proof that the patient suffered as a result of the actions of the healthcare professional who has now become the defendant. It is then important for the solicitor to identify the defendant, which may be a long process. This stage is made more difficult if the patient was treated by a large number of doctors, as it may therefore be unclear which of the professionals was actually at fault. There then follows a letter of claim, drafted by the solicitor and sent to the defendant.

The letter of claim will explain the action that is been taken against them, and will request all the medical records of the claimant that are in their possession. If these records are comprehensive it will take a large amount of time for the solicitor to go over them, so claimants should be prepared for a long wait. Copies of these records will then have to be made, and given out to all the legal parties involved. The next stage of the process is for a medical expert to be found, who will go over the medical records and all the details of the case. They may have to perform a medical examination on the claimant in order to find further proof of the allegations.

Once all these processes have been carried out they will report back to the clinical negligence solicitor, who will present the case to a judge. Choose an experienced, specialist solicitor such as Patient Lawyers