What you need to know if you are seeking medical negligence
Prove these things - Duty of care, Breach of care, breach of duty and causation.
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What is the test used to prove causation ?
The balance of probabilities - Is it more than likely.
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When do i start my claim ?
Your claim can start from the day you knew you were injured or when you suspected it was somebody else fault. (Date of knowledge)
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I'm worried the deadline may be up, what do i do ?
Contact your lawyer, - your lawyer can write to the opponents requesting extended time voluntarily. However if they say no, you can apply to court but this is always last resort beacause court is expensive and you may have to pay for it.
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Are experts used ? Why ?
Yes, experts are you to give medical advice and explanations of the injury or what may happen in the near future as a result of your accident.
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How long do i have to sue ?
You have approximately 3 years for an adult and 3 years for a child, however the clock will only start ticking from the child's eighteenth birthday.
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What can i get out of a claim ?
You may want an apoloogy, person held to account or preference nhs care, however you can only sue for compensation. Alternatively you can go through the nhs complaints process via their website. You have 1 yr to do so. The nhs have 4 months to reply.
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How will my compensation be calculated ?
Damages/Quartum.General:Suffering,loss of (leg),emotional/phychiatrical distress.Special:Out of pocket expenses,work,travel, equipment for injury. Death. Media coverage
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What do i need to do within the 3 years ?
Start legal proceedings in court - aka Sue.
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Is it too late to claim ?
There are deadlines/limitation periods. You can sue before the deadline is up.
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Other cards in this set
Card 2
Front
What is the test used to prove causation ?
Back
The balance of probabilities - Is it more than likely.
Card 3
Front
When do i start my claim ?
Back
Card 4
Front
I'm worried the deadline may be up, what do i do ?
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