What to Expect from Medical Malpractice Litigation

By: Mayra J. Pancoast Click author's name for more of his/her articles

Although healthcare execs are generally seen to offer kind, caring and excellent treatment there are not common occasions where something can go disastrously incorrect. The General Medical Council demand that in such a situation, the treating doctor has a duty to provide details of what happened during treatment or in the immediate aftermath.
If injury or death results from a breach of duty during any kind of medical treatment, including dentistry, the upset or their immediate families could be entitled to claim compensation for clinical carelessness or malpractice.
In a modern environment that sees lawsuits fly backwards and forwards like paper aeroplanes, it is often easy to forget that injury from hospital treatment may just be sustained from the seriousness of the original ailment or the risks concerned in the treatment itself.
If an apology or effective reason fails to provide satisfaction, the following step would see a solicitor raising a complaint for you, ideally one that specialises in medical law. The Law Society has over 250 firms of solicitors on their clinical negligence panel.
Any subsequent claim for malpractice can be paid for secretly, or legal aid can be sought to cover the bulk of what is a basically expensive legal process where firms of solicitors can charge upwards of $350 for a single hour of work.
In a number of cases, barristers who feel you have a particularly powerful case will be offering to represent on a 'No Win No Fee' basis. In such a situation the solicitor carries the danger so that if you lose your case, you pay no fee to the solicitor though in a few cases you'll still need to cover attorney charges and costs.
Once the case is taken on, the barrister will file your grievance with the individual that provided you with the treatment being named as the defendant. The solicitor will act within the confines of civil medical law, and there are a good range of rather complex potential outcomes to consider.
In a few cases, mediation will be used in a tiny claim whereby an apology or relatively short sum of compensation can be agreed. If the case is more heavy, it will pass thru the suitable channels and go to court. Both the accused and the claimant will have to give proof and the procedure can frequently take days or weeks to complete, particularly is the case is relatively advanced.
Even judgement can take up to a quarter, and statistics indicate the claimant will win in around half all cases that get to this stage.
In the event of winning the case, a varied range of damages will be awarded from one or many different classifications. If you lose your case, your solicitor may have to choose whether an appeal is worthwhile or not.

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