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Will I Have To Go To Court If I Claim For Medical Negligence?

By Nick Jervis

If you are thinking of making a claim for medical negligence, you will have a number of questions that need answering, including: do you have to go to court?

In this article we explore medical negligence claims in more detail, helping you understand what to expect.

Medical negligence claims – necrotising fasciitis

Anyone who has suffered because of substandard medical care will be legally entitled to pursue a medical negligence claim. Claims can relate to any area of medicine.

Necrotising fasciitis is not a common source of litigation, but seeing as it is a rare condition it has a disproportionately high number of medico-legal claims.

Necrotising fasciitis claims often occur because the condition was not diagnosed and/or treated in a reasonable timeframe, causing the patient to suffer unnecessary injuries.

How to claim for necrotising fasciitis

If you suspect you are entitled to make a necrotising fasciitis claim, you need to speak to a solicitor who specialises in these claims.

Medical negligence claims must be made within three years of the event, so it is important not to delay when seeking professional advice.

If you would like to claim on behalf of a relative who has died, or who lacks capacity, you can do so.

What does the claims process involve?

The medical negligence claims process involves a number of stages that can take a number of years to complete. Your solicitor will handle the entire process on your behalf.

However, you will be required to assist your solicitor regarding certain issues, such as witness statements, details of your financial loss and updates on your injuries.

If the claim is in relation to yourself, you may also need to attend an appointment with a medical expert who will then write a report on your condition and prognosis, and on breach of duty and causation.

Will I have to go to court?

It is very unlikely that you will have to go to court. The majority of necrotising fasciitis claims will settle before a trial is necessary and it is in the best interests of both parties to do so. It really is very unusual for medical negligence Claimant to attend court.

Any other questions?

If you have any other questions which are not answered in this article, please get in touch with us today. We will put you through to a specialist solicitor who will provide further information, answering any queries or concerns you may have.

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