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Making a claim

It is not possible to claim compensation because something has gone wrong. There are recognized complications to many procedures which do not constitute negligence.
To succeed in a claim you have to prove :-

  • On a balance of probabilities that the Doctor / Dentist has been negligent.
  • That the negligence has caused you significant injury.

This means showing that the Doctor / Dentist etc acted in a way that no reasonable medical practitioner would have acted and that your treatment therefore fell below a reasonable standard of care.

You also need to establish that the negligence actually caused the injury. You have to prove that the problems from which you are suffering were caused by the negligence rather than by some other cause. The medical practitioner may allege that the injury arose from the illness itself rather than from the alleged negligent treatment or that the injury would have occurred anyway. In order to deal with such issues it is necessary to obtain detailed medical evidence from independent experts to support your claim.

 

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