In any claim for medical negligence, this is vital for the claimant to get expert evidence commenting upon the two issues that have been addressed above.
The first issue is the negligence of the medical professional. That is the standard of care provided falls short of the standard of that medical professional’s peer group.
The second principle is that if negligence is established as above, then the patient has suffered damage as a result of that negligence.
It is only when those two criteria are satisfied that there is a basis for a claim for medical negligence.Start My Claim
The claim for medical negligence is completely different from any other form of personal injuries litigation. This is because in virtually every other form of personal injuries litigation, it is not a personal matter. If you’re injured in a motor vehicle accident and the claim against the driver of the vehicle at fault is not a personal issue with that driver.
By way of contrast a medical negligence claim is personal in that you are attacking the professional reputation of a medical professional. Consequently, the medical insurers tend to defend the claims more vigorously than the insurers in other types of personal injuries litigation.Start My Claim
As discussed above proceedings cannot be filed in Court until completion of the compulsory conference and further to add onto that the 14 day period during which the Written Final Offers are open.
Proceedings must be filed between the period of the expiration of the Written Final Offers and 60 days from the date of the compulsory conference.
It is important that this new limitation date is understood.
Even if you are within the original 3 year statutory limitation period the effect of holding the compulsory conference is that you have created a new limitation period and the proceedings must be filed within 60 days of that compulsory conference.Start My Claim