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When you head to a gastroenterologist, whether for a simple consultation or a major operation, you expect them to provide proper care. Unfortunately, gastroenterologists can fail to uphold medical standards, causing harm to your health.
Unfortunately, medical negligence cases in Cambridge, Nottingham, and nearby areas are more common than you’d think. If you’re based in Nottingham, hiring a medical negligence lawyer is the first step in seeking compensation. Here are seven questions you should ask medical negligence lawyers in Nottingham:
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How Long Have You Practised Medical Malpractice Law?
Not all personal injury lawyers handle medical negligence cases. The number of personal injury lawyers handling claims against GIs is even fewer. Therefore, it’s best to inquire about the lawyer’s experience. A reputable lawyer will give you a quick overview of the types of cases they’ve handled. This can include:
- Misdiagnosis or delayed diagnosis. A GI doctor might misdiagnose symptoms of stomach, pancreatic, or bowel cancer as a less severe condition, such as irritable bowel syndrome (IBS).
- Surgical errors. A GI surgeon might accidentally puncture or lacerate an organ while operating. They could also leave a foreign object inside the body.
- Medication errors. A doctor giving incorrect medication or harmful dosages.
Experienced lawyers also have established relationships with industry experts, maximising your chances of fair compensation.
What Is Your Success Rate?
We agree — you should judge the competence of a lawyer based on their training and experience. But having a specific number or percentage of successful cases offers peace of mind. A medical negligence lawyer’s success rate indicates their ability to negotiate for favourable outcomes.
Scrutinise an attorney’s success rate based on factors like the complexity of cases they’ve handled and their choice between settlement and trial. A competent GI negligence lawyer won’t hesitate to give you exact figures.
What are the Strengths and Weaknesses of Your Case?
Once you’re satisfied with the expertise of a medical negligence lawyer, ask specific questions about your case. For instance, you can ask the lawyer to assess the strengths and weaknesses of your case.
Look at it this way: The chances of fair compensation will increase if there is clear evidence of negligence. This could mean scans showing a lacerated organ following a GI surgery.
On the flip side, a medical negligence claim can be weakened if the patient’s own actions contributed to the negative outcome, such as failing to follow up for test results.
A medical negligence lawyer will study your case before making assessments.
How Do You Build and File a Medical Negligence Claim?
Filing a medical negligence claim is overwhelming and distressing, especially when you don’t know what to expect. Have your lawyer or your legal team explain the entire claim-filing process.
For instance, your legal team might do the following:
- Assess the validity of your claim and determine if you have grounds for a claim.
- Collect and document any available evidence.
- Reach out to GI experts and discuss what measures could have been implemented to prevent the injury you’ve suffered.
- Request a witness statement from you.
- Submit a Letter of Claim to the defendant.
- Negotiate with the defendant to reach a settlement.
- Represent you in court if the case goes to trial.
- Provide emotional support throughout the process.
How Much is my Medical Negligence Claim Worth?
While your lawyer can’t give an exact figure, they can give you a ballpark. Moreover, remember that the compensation value typically depends upon the following factors:
- Economic damages, such as medical expenses.
- Psychological impact
- Clear and well-documented evidence.
- Insurance policy limits.
How Do You Charge?
Filing a medical negligence claim brings financial stress. It’s important to inquire about your lawyer’s fees upfront to avoid financial surprises later.
Most personal injury lawyers, including those handling cases against GI doctors, charge on a contingency fee basis. This is also known as “no win, no fee” basis. In simple terms, you only pay if your claim is successful. Instead, they take a percentage of the final settlement.
They also cover upfront costs, such as expert witnesses or court fees, and are reimbursed from your payout. The fees will increase if the case goes to trial.
Who Will be Handling My Case?
Working with a law firm that specialises in personal injury? Inquire who will be personally handling your case. Law firms typically assess the complexity of your case before designating it to a solicitor or associate.
Make sure you have direct contact with the attorney running point. Reach out to them via email or call and stay updated throughout the process.
Conclusion
Filing a negligence claim against a gastroenterologist is time-consuming and emotionally distressing. You will also face a myriad of legal difficulties. Discuss the details of your case with your lawyer beforehand. Inquire about their experiences, success rate, and approach. Moreover, ask the lawyer to assess the strengths and weaknesses of your case to determine the claim’s potential worth. This will help you manage expectations and relieve stress.
Legal Disclaimer: Please be advised this article is for informational purposes only and should not be used as a substitute for advice from a trained legal professional. Please seek the advice of a legal professional if you’re facing issues regarding filing a negligence claim against a gastroenterologist.