Medical Negligence Claims

Have I got a claim?

In order to win a medical negligence claim we have to prove that a mistake was made, the effect that this mistake had and the losses involved.

Breach of Duty

A health care provider owes a duty of care to the patient. To prove breach of that duty we have to show that a mistake was made in the care that your were given (or not given). This is very different to the outcome of the care given not being what you expected or not being successful. The key to establishing breach of duty is whether the health care provider has acted according to accepted medical practice. We have to show that the wrong course of action was taken during your care.

Causation

Once we have identified that a mistake was made and that this was negligent we then have to show that the mistake was the cause of the injury. This will involve getting expert witnesses to look at your claim and prove evidence of a causative link between the negligent treatment and your injury.

Loss

We will obtain medical evidence about the effect that the negligence has had on your health and how this will affect you in the future. We will quantify your losses by looking at several factors including your loss of earnings, expenses incurred as a result of the negligence and future implications, which might include ongoing losses or the need for care or further medical treatment.

No two cases are the same. Some will have a clear breach of duty, but proving the causation element may be difficult.

Medical negligence claims are complex and can be difficult to prove but Graysons solicitors expertise will give you the best possible chance of success.

Contact us for a consultation or follow the links for more information.