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Medical Article |
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How to make a medical negligence claim
If you feel that you have received medical treatment that has not only
fallen below acceptable standards but that has has actively led to an
illness or injury then you are entitled to seek an explanation from the
relevant physician or authority. In these circumstances you will also be
entitled to make a claim for the appropriate compensation against
whoever is responsible, for more information on this or advice talk to
irwin
mitchell solicitors. Generally if you make a complaint against a
doctor, nurse or hospital there a complaints system designed to try and
avoid such cases being taken to tribunal and your solicitor will advise
you to try to resolve the issue this way first if possible.
If this is not possible, the next stage is to begin litigation against
the relevant party for medical negligence. At this early stage your
legal representative will need to secure as much evidence as possible to
support your claim; this can range from photographic evidence of any
injury you have suffered, to all of the medical records pertaining to
the claim. These records will usually then be examined by the in-house
medical experts that the firm employs to assist in such cases. Whether
or not you have a viable case for medical negligence having caused your
illness/injury - or aggravated it - will to a large extent rest on the
opinions of these experts. Although costly, it is necessary for the
company representing you to refer the matter to medical experts, because
the claimant will be seeking similar advice prior to any tribunal and
your solicitor needs to be able to counter any testimony they offer.
This is also why it is so important to have as much of the relevant
information to support your claim. Claims for medical negligence are
amongst the hardest to prove at tribunal because it is not enough simply
to prove that there was negligence in the treatment you were provided
with - it is also required that you prove a direct link between this and
the injury or illness that has motivated you to make the claim.
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