Medical negligence is a serious problem that needs to be addressed as soon as it happens; however, it can take a long time to get a resolution once a claim has been submitted. The average claim in America takes up to 18 months and usually relies on the negligent party taking responsibility.
Every medical negligence claim needs to be scrutinized and checked for accuracy. The process takes so long because a lot of evidence needs to be gathered in support of a claim and the appropriate solicitor must be hired. If you are battling with a medical negligence claim, here are some tips to speed up the process.
Get a Medical Assessment
Just as you need to gather evidence about the medical negligence that occurred, you need to be assessed medically. A doctor will tell you if any injuries or damages were sustained as part of the negligence claim and it’s a critical piece of paper that you need to submit. Without this, the system can take more than two years to come to a resolution.
This needs to be done as soon as the incident occurred. You cannot afford to wait when something like this happens because it could look bad for you as the plaintiff. If you don’t report the problem straight away, the courts may not see your claim as critical enough to look into. You need accurate reports from the very first day, and you need to make copies of everything. In the same breath, you can forget pertinent information the longer you wait.
Hire a Good Solicitor
Medical negligence claims need to be handled by someone who knows the law inside and out. Solicitors will be your best chance at finding out why a claim is taking so long, and how you can speed the process up. Perhaps the court office or defending firm lost your paperwork and they will make you provide the information again as new each time.
You also need to have a medical record retrieval for law firms to validate that your claim is eligible. Solicitors will be able to retrieve vital medical information that can help you win your claim and confirm that you suffered damages as a result of medical negligence.
Choose to Settle Early
Most medical negligence claims will be processed through your insurance. These insurance companies don’t like to pay for claims and avoid it at all costs. However, some will do anything to have the case closed early. Your best bet is to liaise with them regarding your options to settle the claim if they pay you out. You may get a lower amount but the case will be handled quickly and seamlessly.
This is one way that will speed the claim up because your insurance will want to finalize the matter before it turns into a bigger legislative issue that may end up costing them more money.
The type of damage experienced as part of medical negligence will also determine how long you have to wait and what documentation will be needed to prove your claim. General damages have different regulations to pass than special damages such as financial loss. Special damages usually result in higher claims but can take much longer to process.