THE LAW
To be successful in a claim for medical negligence we have to establish that a member of the healthcare provider was negligent and this negligence caused your injury.
What do I need to prove for my claim to be successful?
For a claim to be successful the healthcare provider must have acted in a way that a reasonably competent healthcare provider would not have done. For instance, if during a visit to the hospital your Doctor did not follow established procedure, was careless or failed to exercise a reasonable level of skill in his job then you may have a claim for negligence. You will only have a claim for negligence if it can also be proven that this negligence caused your injury.
When considering a claim for medical negligence it is essential that legal advice is sought as soon as possible whilst the evidence is still available. Often medical records are lost, witnesses disappear and memories fade over time, which can cause problems.
How long have I got to claim?
All medical negligence claims must either have been settled or Court Proceedings issued within three years of when the injury was first discovered. If this does not happen then the right to compensation will have been lost. This is subject to certain exceptions including children or those suffering with a mental incapacity.
- For children, Court Proceedings must have been issued by the time the individual is 21 years of age
- For those suffering through mental incapacity, there is no rule as to when the case must be brought to Court.
- The Court also has discretion to allow claims outside the limitation period, although this discretion is very rarely exercised and should never be relied upon.
How can Ashton Lake Solicitors help?
Medical negligence claims are an extremely complex area and it is essential that you speak to a specialist solicitor. Ashton Lake Solicitors are specialists in bringing medical negligence claims. We will detect and prove negligent action on the part of the medical professional where they have provided a sub standard level of care. Our aim is to get to the truth of how and why the negligent action occurred and to obtain the maximum compensation possible. We pride ourselves in high levels of client care and will always progress your claim with sensitivity at every stage of the process.
If you wish to make an enquiry then please complete the online enquiry form or call 01509 262621 to speak to a specialist medical negligence solicitor who will be available to discuss your case further. We offer a wide choice of funding arrangements including no win no fee.
