If you have been harmed by negligent care from a healthcare professional or team, claiming compensation can be essential to allow you to get the rehabilitation care and on-going support you need. Many people are put off, however, by the thought of a long, drawn-out claims process, in particular, the idea of having to go to court.
The reality, however, is that the majority of medical negligence claims are resolved without the need to go to court, allowing you to get a fair outcome faster, at less expense and without the stress of going to court.
How medical negligence claims are resolved
When you start a medical negligence claim, there is a Ministry of Justice designed process to follow, called the Pre-Action Protocol for the Resolution of Clinical Disputes. This process is intended to make it easier to resolve claims without resorting to court action.
The protocol involves writing to the healthcare professional or organization you hold responsible for the medical negligence incident and letting them know exactly what happened, the injury you sustained as a result and what specific negative impact this has had on you, including financially. You can then suggest an amount of compensation you would be willing to accept in order to resolve the matter.
This is the first opportunity to resolve the matter without going to court and the healthcare provider can either accept your suggested compensation or make a counteroffer, which you can choose to accept or reject.
If the healthcare provider does not accept responsibility or fails to offer an amount of compensation you are willing to settle for, you can then take the claim to alternative dispute resolution. This can allow you to find an outcome, including compensation, without going to court.
How alternative dispute resolution works
There are various options available for resolving disputes without court action, with negotiation, mediation, and arbitration being some of the most common.
Negotiating a solution will likely include you and your solicitor meeting with representatives of the healthcare provider and their lawyers to discuss the situation and try to agree on an outcome.
Mediation involves a neutral third party helping you and the healthcare provider to discuss the issues in a non-confrontational way with the aim of agreeing on a settlement. This can allow you to discuss the issues while keeping conflict to a minimum and is often one of the fastest ways to reach a settlement.
Arbitration means putting the decision into the hands of a third party and allowing them to decide the dispute. Both parties agree to be bound by the decision of the arbitrator and this can let you get a faster resolution, but it does mean the outcome is entirely in the hands of a third party, similar to if you go to court.
All of these options can be good choices, depending on the circumstances and the strength of your claim. However, it is strongly recommended to speak to a solicitor experienced in clinical negligence claims before deciding how to proceed to ensure you are making the best choice for your interests.
Get the support you need for a successful medical negligence claim
To give yourself the best chance of achieving a fair outcome, it is strongly recommended to work with an experienced medical negligence solicitor when pursuing your claim.