If you are thinking about making a claim for Cauda Equina Syndrome, you will first want to know how the claims process works. In this article we take you through each stage, ensuring you know what to expect when it comes to making a medical negligence claim.
Making a cauda equina claim
If you believe you or your loved one has been the victim of cauda equina negligence, your first step should be to contact a medical negligence solicitor. He or she will then ask you details surrounding the treatment and subsequent injuries. Once all the information has been obtained, the solicitor will consider your case and suggest whether or not you are in a position to make a claim. You should not delay in seeking legal advice as claims must be made within three years of the event. Therefore it is important to contact a legal expert as early as possible.
If you are eligible to make a claim for Cauda Equina Syndrome, your solicitor will handle the case on your behalf, guiding you through each and every step. Not all claims will follow the same course, but generally speaking the process will involve:-
1. Sending someone to your home to obtain a witness statement, and obtaining statements from anyone else who can verify your injuries (such as your spouse or children).
2. Obtaining your medical records to help prove you have been the victim of medical error.
3. Instructing a medical expert who will examine you in person and write a report upon whether or not your injuries have been caused by medical negligence. Having an independent opinion from a medical professional will corroborate your claim.
4. Sending a letter of claim to the defendant party detailing the nature of your claim. The defendant party then has a certain amount of time to reply. They will either admit liability or choose to defend the claim.
5. Meanwhile your solicitor will calculate the value of your claim. He or she will use the medical expert’s report to assess your general damages (which reflects your pain and suffering) and will also compile a schedule of special damages (which reflects your acute financial loss. You will need to keep a note of your losses to ensure this is possible).
6. Once the defendant party has replied your solicitor will be in a position to settle your claim. If liability has been admitted, a settlement will be agreed upon fairly quickly. If responsibility is denied, a period of negotiation will follow. Claims are almost always settled at this stage, even if the other side does not accept liability. It is very rare that a claim will end up in court.
7. When a settlement has been agreed, you will receive the amount agreed minus any agreed deductions for legal costs.
Would you like to start a claim?
If you have any more questions about the claims process, or would like to start your claim for cauda equina negligence, please contact us today.