Personal Injury law

Step by Step Guide on How to Deal with Medical Negligence

By May 14, 2020 January 2nd, 2024 No Comments

Medical negligence occurs when a healthcare professional directly causes harm to a patient because of carelessness, regardless of whether it is intentional or not. In this case, the patient has the right to file for a claim to cover for the damages caused by this unfortunate circumstance. The entire process can prove to be complex and more often than not, you would need the help of the experts. To have a good overview, below is a step by step guide on how you can deal with medical negligence.

Initial Inquiry

An initial inquiry is usually the first step involved in filing for a claim due to medical negligence. This involves meeting up with a lawyer who can walk you through the entire process. As much as possible, work with lawyers who have ample experience in handling medical negligence cases such as hospital infection lawyers. Generally, the staff responsible for causing hospital infections should be held accountable for any harm they can cause the patients. Cases like this still fall under medical negligence and hospital infection lawyers are the ones in a position to evaluate the circumstances of your injury due to a hospital-acquired infection.

Case Acceptance

Once you have the advice of a lawyer, the next step is for the lawyers to assess your case. As long as you were able to discuss in detail the background of your situation, then all you have to do is wait for the lawyers to get back to you to inform you whether your case is accepted or otherwise.

Medical Records and Evidence

After the lawyers accept your case, the next step is to prepare all your medical records. This includes all the relevant documentation regarding the care you have received from the medical professional. Your lawyers will have to assess whether your records are sufficient to serve as evidence of your case. If not, you need to find more evidence to establish that your injuries or the worsening of your condition were because of the kind of treatment you have received.


When all your documents are in place, your lawyers will forward your claim to the defendant. This is the start of an entire negotiation process wherein the defendant can be invited to admit fault. In some instances, your lawyers may ask for a fixed amount of compensation from the defendant to help you get back to your previous health.


The final step in a medical negligence case is getting a definite result, which is the reparation that the defendant makes to address your claim. Though it can be quite difficult to get your life back to normal after having been duly compensated, a financial aid or amends made can make it more seamless.

Medical negligence can be caused by a misdiagnosis, errors made during surgery, or incorrect treatment. Should you need to be compensated because of medical negligence, work with the experts. They will be able to guide you through the process of your case acceptance, presentation of medical records and evidence, as well as the negotiation that may take place before eventually getting the compensation you deserve.