Four Elements to Medical Negligence
If you have instructed Accident Advice Helpline to represent you in a medical negligence case then our Derbyshire accident claim solicitors will be charged with establishing the four elements needed to demonstrate your eligibility for compensation.
It is because of these four elements that medical and clinical negligence claims are often so fiercely contested and end up being drawn out. Thankfully all of our Derbyshire accident claim solicitors are fully trained experts in this area and will be able to do all they can to ensure that they secure you the compensation that you are entitled to.
1 – Duty
Firstly, your Derbyshire accident claim solicitors will need to demonstrate that your medical practitioner had a duty of care towards you. This is easily done, and arguably is the easiest aspect of the claims process, as by agreeing to be your doctor, dentist or other medical professional then a patient/doctor relationship is forged.
2 – Breach of duty
Once a duty of care has been established and it is clear that your medical professional is responsible for your well being in that setting it is the job of your Derbyshire accident claim solicitor to establish that there has been a breach in this duty of care.
Your doctor has a responsibility to behave with reasonable care to treat you in a way that other medical professionals in the same field would. Your solicitor will be charged with demonstrating that in your case this was not done.
3 – Injury
Once a breach of duty of care has been established your Derbyshire accident claim solicitors will need to demonstrate that you have received some form of personal injury as a result. It will need to be demonstrated that as a direct result of the actions taken by your doctor, or medical professional, you suffered. Their actions may have caused an infection or complications, or you may not have received the care that you were entitled to.
4 – Effects
Finally, your Derbyshire accident claim solicitors will have to show that the injury you have sustained has had an impact on your life in some way, and as a result you are entitled to damages or compensation. It may be that you have had to undergo more extreme treatment, or have been in pain as a result of your doctor’s actions. Perhaps you have had to take time off from work, or pay for alternative treatment to be performed.
Our Derbyshire accident claim solicitors
Whatever your individual situation our Derbyshire accident claim solicitors will be able to help you secure the compensation that you are entitled to. To discover how much that compensation might be just enter your details into our 30 second test/compensation calculator. If you need any further advice or support, simply pick up the phone and give us a call.
Date Published: 13th October 2014
Author: David Brown