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Medical Negligence Explained

Medical negligence occurs when medical care is of an unacceptable standard and has caused harm: it is a breach of duty (negligence) causing medical injury.

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Unacceptable care means care which no reasonable doctor would have provided in cases involving treatment and diagnosis. In failure to warn cases, unacceptable care refers to information a patient can reasonably expect to be told by the doctor. To determine the injuries caused by the negligence it has to be considered what would have happened if negligence had not occurred and compare it to what actually happened so you get the correct level of compensation. The purpose of compensation is to place you in the position you would have been in had the negligence not occurred.

Claims are subject to limitation periods. Negligence claims must generally be brought within 3 years of the medical injury or three years of knowledge of the facts giving rise to the negligence claim. Persons under a disability (lack capacity) are not subject to any limitation period. Children not under a disability will typically have until they reach 21 to start court proceedings.

All cases handled by our independent solicitor firms are funded by conditional ("no win, no fee”) arrangements; so access to justice is available to all. If your case is unsuccessful our independent solicitors will not charge you anything. You must follow the advice of your solicitors and not cancel your claim. If you move your negligence claim to new solicitors then your previous solicitors will ask your new solicitors to recover all costs incurred to date if your claim is successful. Also if your claim is successful you are guaranteed to receive at least 75% of the general damages received and compensation for past losses. 

Medical Negligence?

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