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Checklist Of Questions For Those Seeking Compensation

January 23, 2020

This is a guest post, published with thanks.

Christmas is a wonderful time to reflect and think about what you want to achieve in the year to come. It may be the case that when spending some quality time with loved ones and having that time to reflect on how life is currently that you wish to investigate medical treatment that you feel hasn’t turned out the way you hoped.

If that is the case and you feel ready to approach a lawyer to investigate treatment for you we suggest a handy checklist before you make that first contact:

  1. When did you receive the treatment in question or when did you think that something had gone wrong? Clinical Negligence claims have a 3 year ‘limitation’ meaning that a claim has to be brought to Court within 3 years from either the date of the alleged negligent treatment or from the date you thought something had gone wrong, whichever is later. This does not means every case goes to Court, quite the reverse but it means we have to be wary of protecting your position to bring a claim. If you are thinking about investigating further there are time limits to be aware of.

 

  1. Do you have a clear recollection of the timeline of events? When investigating a claim we will of course obtain your medical records but it is really helpful to have as much information from the outset of a claim to allow us to investigate thoroughly. Things such as; was the treatment provided through the NHS or on a private basis, which hospitals did you go to, how many times did you visit your GP and did you make use of the NHS 111 service are all very useful pointers that help guide initial investigations.

 

  1. Have you made a complaint about your treatment? If so, do please let us have the response. It can be the case that clinicians can be more open prior to the involvement of lawyers and this can aide investigations. It is also useful to understand any arguments that might be raised to defend any care that was provided so those arguments can be assessed as early as possible.

 

  1. What questions do you want answered and what do you want to achieve through litigation? Ultimately we are here to represent you and investigate the care you have received on your behalf. It is therefore vital to us that we get answers to the questions that you have and try and achieve the outcome that you want. Compensation is the main focus of a claim but for some clients an apology makes a world of difference or acknowledgement that processes have changed so the same thing does not happen to anyone else. If you can tell us the questions you have and what you want to achieve from the outset that will become the centre of what we do for you.

 

Bringing a claim is a big decision and we appreciate the emotional impact this has on our clients and as lawyers we are with them every step of the way to provide support and most importantly answers.

James Anderson, Solicitor in the Clinical Negligence team at Lime Solicitors

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