How to prove medical negligence

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Causation - medical negligence

We understand here at Pryers Solicitors that No win No fee Medical negligence claims can be extremely difficult to prove. However if you have suffered injury at the hands of a medical professional, it may be possible to claim compensation. Here we discuss the factors that determine whether a claim can be brought.

Causation

As well as establishing that a standard of care was breached, you must also prove that any negligence caused an injury. Proving this link is known as establishing causation. It may be that the injury would have happened regardless of any breach of care and in such cases there will not be a claim.

It is widely recognised that with certain procedures there is an inherent risk of further injury or harm. So you must show that on the balance of probabilities the breach caused the loss which means that it is likely that the act of negligence caused an injury. If you think that you may have been the victim of negligence please contact us immediately for a discussion on your case. We deal with medical negligence compensation across England & Wales.

As well as establishing that a standard of care was breached, you must also prove that any negligence caused an injury.

This area of law is highly specialised and you must ensure that your legal representative has the appropriate level of expertise.

So if you do make a claim how do you pay your costs in order to pursue your claim?
  1. Firstly you may be entitled to legal aid - which means you can claim totally free of charge.
  2. You may be entitled to a "no win no fee" agreement if legal aid is not appropriate for you.
  3. You may even have legal expense insurance (most household policies have this cover)
  4. In certain cases you may wish to privately fund your action.

Nursing home negligence

If you or a relative have been injured whilst in a care home we may be able to help with advice about compensation. Nursing home complaints are soaring but our team may be able to help you complain effectively and seek legal redress.

You may also be able to reclaim nursing home fees where care should have been provided free of charge.

Read about our:

Medical negligence compensation London NHS complaints Manchester, Medical negligence Merseyside  - Dentist compensation claims - No win no fee claims - GP Negligence