Medical negligence occurs when medical providers like doctors and physicians fail to take appropriate measures to accepted standards of care when treating their patients. It is not simply an unsuccessful treatment or misdiagnosis — specific circumstances must be proven.
Time limit: Usually there is a 3-year period after the injury is realised to make your claim for those over the age of 18. Contact us today to discuss your circumstances.
How to Establish a Medical Negligence Case
1. Professional Relationship With Your Healthcare Provider
A professional relationship must exist between you and your provider — it should be their duty to treat you in accordance with accepted medical standards.
2. Prove That Care Was Negligent
You must demonstrate that your healthcare provider failed to meet the standard requirement set by regulatory agencies and boards of health.
3. Prove That the Negligence Caused Your Injury
You will need to demonstrate the connection between the negligent care and your injury, supported by medical records and expert testimony.
4. Document All Damages
Medical bills, lost wages, rehabilitation costs, pain and suffering — all damages must be comprehensively documented when filing your claim.
What Evidence Do You Need?
- Medical Records — the list of all treatments performed on you
- Medical Policies — establishing reasonable patient care standards
- Personal Records — diaries and records showing the true effects of the injuries on your life
- Documentation of Expenses — proof of monetary damages due to pain, suffering and other injuries
- Witness Testimony — family, friends and expert witnesses
Compensation for Medical Negligence
Compensation is categorised into two types:
- General damages — covers pain, suffering and loss of amenity
- Special damages — covers financial impact including loss of earnings, care costs and accommodation requirements
Why Choose Rileys Solicitors?
At Rileys, we have a decade of experience dealing with a wide range of medical negligence cases. Our expert team helps clients to file a claim to compensate for their losses and to rebuild their lives. We offer a Conditional Fee Agreement (CFA) — meaning you pay nothing unless your claim is successful.