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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