If you were injured due to medical negligence, you will discover there are a few hurdles to overcome before you can successfully claim for medical negligence compensation. Here are some of the main hurdles you can expect to encounter.
Funding for medical negligence claims
Fortunately, this hurdle has become somewhat smaller thanks to Accident Advice Helpline’s legal team operating on the conditional no win, no fee* agreement. In essence, this means as an injured party, you no longer have to find the money to initiate and proceed with a claim for personal injury compensation. This, as a matter of fact, also applies to claims following accidents at work, road accidents or other accidents that were not your fault.
Establishing eligibility and liability
The second hurdle is establishing if you qualify to make a claim for an injury through medical negligence, what the chances of success are and who is liable to pay the compensation if and when granted. Our advisors are available to provide confidential, free advice on these matters via the company’s free helpline.
Proving medical negligence
You, with the help of your Accident Advice Helpline legal representative, will then be required to prove:
- Duty of care
- Breach of duty
Duty of care is a legal requirement for all medical professionals and is therefore, the least of your problems. Proving a breach of duty can be more difficult and requires the gathering of substantial evidence and comparing the actions taken, or not, as the case may be, by the attending professional against standard procedures according to a relevant body of opinion and more.
Proving causation means showing that the breach of duty resulted in an injury or damages to you or a member of your family. Again, this may be difficult to prove, depending on the circumstances and the type of injury received. A wrongly amputated limb, for example, would be easy enough to prove as a case of medical negligence, whereas mental distress caused by wrongful or inadequate advice on a psychological/psychiatric matter could be extremely difficult to prove.
Time limits on medical negligence claims
Then, of course, there is the legal time limit, which only allows claims for compensation to be brought forward within a maximum of three years. There may be some exceptions so that time limits may be extended, such as an injury being caused to a minor, for example. The three year limit does, as a matter of fact, also apply to claims resulting from injuries at work, car/motorcycle and other accidents. In any case, Accident Advice Helpline solicitors will do their best to complete your claim for compensation as quickly as possible.
Date Published: October 18, 2013
Author: David Brown