Am I eligible for a medical negligence claim*?
If you believe that you have suffered because of medical negligence, either by way of an injury or the worsening or deterioration of a pre-existing condition, you may be entitled to a medical negligence claim. For your claim to be viable, generally, the injury or illness would have to have been ‘avoidable’ if the proper level of medical care had been administered. To be eligible for a medical negligence claim, the following circumstances must be proven:
- A doctor-patient relationship existed
- Proof the medical professional was negligent
To do this, your solicitor will build your case to show that during the period in which your injury was sustained that you had a patient-physician relationship. Proving this will involve showing records of invoices from the doctor that you claim was negligent, as well as prescriptions and other records.
Following this, to prove that your doctor was negligent, your solicitor will order an independent medical expert review. This third party will analyse your case, medical records and actions of the doctor to show that the doctor’s negligence ‘more likely than not’ caused the injury. They will determine whether you have been subject to sub-standard medical care. They will either confirm or deny that if they had carried out the same actions that, in their opinion, they could have avoided your injury or illness.
To find out if you qualify for a medical negligence claim, contact us to tell us about your case.
