Steps in Pursuing A clinical / medical negligence compensation claim in Scotland

Medical Negligence Scotland – Steps in Pursuing A clinical / medical negligence compensation claim in Scotland

Before making a claim for medical negligence compensation to sue the NHS or a private doctor, it will be necessary for your solicitor to prove that  the medical professional or medical institution you attended for treatment was indeed negligent. 

At Medical Negligence Scotland, we will help you make your claim for compensation and act on your behalf.

So What is Medical Negligence?

Medical Negligence is where the standard of medical care provided by the NHS or private hospital fell below the level expected of a professional in that field. For example, patients may be able to sue NHS hospitals because of failure to diagnose a medical condition, mistakes made in treatment such as surgery and use of improper or out of date treatment or medication.

It needs to be understood that Medical professionals will not be negligent just because there was a better alternative for the care. To be negligent so that you (through your solicitor) can sue the NHS, the level of care needs to have fallen below the level expected of the average competent medical professional in the field. 

Would a Competent Doctor in The Same Specialty Have Acted in The Same Way Under The Same Conditions?

This is the key question whcih needs to be asked when bringing a claim against a doctor or hospital. If this hypothetical doctor would have, then negligence cannot be established even if many or even most doctors would have acted differently.

Evidence.

In order to establish negligence and sue the NHS, your solicitor will need to obtain expert evidence from a medical expert in the relevant medical field. If your claim is against a GP then normally your solicitor will obtain expert evidence from another GP. An experienced solicitor will know suitable and highly respected medical practitioners in numerous areas of specialty who are able to serve as a medical expert. The medical expert will review your medical records and in most cases needs to give you a medical examination before preparing his or her report.

Medical Negligence Scotland collaborate with law firms to give advice on medical legal matters and regularly act as expert witnesses in the Scottish Law courts.