How To Get Medical Negligence In Scotland?

In Scotland, it is not easy to find a professional who will defend your case of medical negligence. If you have suffered due to medical malpractice, you should make a point of speaking to a specialist before making a decision on your behalf. This is important because medical professionals are highly trained and most of them use the services of solicitors. However, there are certain lawyers who deal with medical negligence cases.

If a professional fails to carry out the duties which he is legally bound to perform, he may be held liable to a fine or even to imprisonment. A person who faces medical negligence can claim compensation from the other party or his employers. The damage caused can be mental or physical. For example, a pregnant woman can claim monetary help for the mental anguish she had to go through as a result of a medical mistake.

Monetary Help

You can also claim monetary help when you have been a victim of wrongful death. If someone dies as a result of a medical condition, the family members have all the right to ask for compensation from the one who caused the medical condition. A claim for financial compensation can be filed against the doctor, the hospital, the nursing staff, or even the insurance company. The family members of the deceased can also demand for an explanation why their relative died as a result of medical malpractice. The situation of the victim can determine whether he gets compensation or not.

Consult Solicitor

If you want to know more about how to get a Medical Negligence Scotland, you can consult a solicitor. A solicitor knows all the laws and regulations regarding medical malpractice. He can therefore help you to make a proper decision about your case of medical negligence. However, the Scottish law restricts professionals like solicitors to handle cases only if they are registered members of the Law Society of Scotland.

How To Find A Medical Malpractice Lawyer in Scotland?

Well, the best way is to consult a professional legal adviser. You can go to the local law directory or conduct an online search. In any case, make sure that the lawyer you select has enough experience in dealing with medical negligence claims. There should be no doubt about the competence of the medical practitioner. Also, check whether the lawyer charges fees only after winning the case.

How To Get A Medical Negligence In Scotland?

Once you have identified a good medical malpractice lawyer, try to find out whether he is covered by any insurance policy. Many medical practitioners offer a limited medical insurance scheme to attract patients. The National Health Service (NHS) provides medical cover for almost all illness. However, you should make inquiries to confirm whether the particular doctor you are going to be covered by the NHS. If not, you can check out the private medical insurance schemes.


Another important point is that the settlement amount will be decided after considering all relevant factors. Such factors include the nature and severity of the medical negligence, duration of the delay, the loss incurred by the victim, etc. The jury must be unanimous in deciding the compensation amount. This is one of the few legal procedures that has few exceptions. Common law rules do not apply in such situations. The amount of compensation depends on the seriousness of the medical neglect. The courts, on the basis of these factors, decide the compensation. If you win the case and file a claim for compensation, the defendant will have to pay all the expenses of the entire legal process.


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