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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

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    Hurdles in making medical negligence claims


    Hurdles in making medical negligence claims

    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
    • Causation

    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.

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    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

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.