Personal Injury2025-11-248 min read
Medical Negligence Claims: When Can You Sue a Doctor or Hospital?
If a doctor or hospital's negligence caused you harm, you may have a claim. Understand what constitutes medical negligence, how to prove it, and the claims process.
What is Medical Negligence?
Medical negligence occurs when a healthcare professional fails to provide the expected standard of care, causing harm.
Examples:
- Misdiagnosis, surgical errors, medication errors, or birth injuries.
- Failure to obtain informed consent or follow up on test results.
What You Must Prove
- Duty of care: The doctor owed you a duty of care.
- Breach: They failed to meet the standard of care.
- Causation: The breach directly caused your injury.
- Damages: You suffered actual harm.
What You Can Claim
- Medical expenses (past and future treatment).
- Loss of income and earning capacity.
- Pain, suffering, and emotional distress.
The Process
- Consult a medical malpractice lawyer.
- Obtain medical records and expert opinions.
- Send a letter of demand to the doctor or hospital.
- Negotiate a settlement or go to High Court.
Time Limits
You have 3 years from when you became aware of the negligence to file a claim.
Key Takeaways
- Medical negligence requires proving duty, breach, causation, and damages.
- You can claim for medical expenses, lost income, and pain and suffering.
- You have 3 years to file a claim.
- These cases require expert legal and medical opinions.
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