If you suffer from an injury or ailment as a consequence of a misdiagnosis or as a result of poor medical treatment, you may have a medical negligence claim. In order to succeed in a medical negligence claim in this jurisdiction, the burden of proof is immensely high. It is necessary to prove the following:
- That the medical professional owed you a duty of care
- That there was a breach of this duty
- That you suffered a loss or damage
- That there is a causal link between the breach of the duty of care and the loss or damage that you suffered.
Even if a medical practitioner deviates from a general and approved practice, this will not be sufficient to establish negligence unless it can be proved that this deviation was one which no other medical practitioner would have taken had he been taking the ordinary care that is required from a person of his/her skill and qualification.
If you feel you have suffered an injury as a result of medical mistreatment or misdiagnosis, we can advise you in relation to your grounds for a potential claim. There are a wide range of areas that we can deal with including but not limited to;
- Hospital Negligence- such as the failure to correctly perform an operation etc.
- GP Negligence
- Dental Negligence
- Accident and Emergency claims
- Pregnancy and Births
It is extremely important that as soon as you develop the knowledge that you have suffered an injury as a result of the negligence of a medical practitioner, that you seek legal advice. This is because the Statute of Limitations places a two year limitation within which you can make a claim. While there is much case law surrounding the interpretation of the date from which you are deemed to have knowledge that you may have suffered any injury, it is important that you seek legal advice at your earliest opportunity in order to improve the chances of your claim succeeding and to ensure your case is not statute barred.
In order to prepare your case we will initially require your medical records as these are a crucial aspect of your claim. We will then obtain expert reports to help build your case. It is advisable that if you feel you have suffered an injury that you should keep a diary of events and further, keep a note of all the medical and travel expenses that you incur as a result of your injury.