Pursuing Medical Negligence Claims
Summary
In England, medical negligence claims must typically be filed within three years from the date of the incident or when you became aware of it. If you recently realized the negligence, you might still pursue a claim under the date of knowledge rule. To prove awareness, use medical records, personal notes, testimonies, and expert opinions. The standard of proof is the balance of probabilities, meaning your claim must be more likely true than not. If evidence is lacking, success may be difficult. Consider consulting a solicitor for further advice.Full Conversation
how can i prove when I became aware of the negligence
To prove when you became aware of the negligence, you can use the following evidence:
- Medical records and correspondence with healthcare providers.
- Personal diary entries or notes documenting your health and awareness.
- Testimonies from family, friends, or therapists aware of your condition and when you realized the negligence.
- Expert medical opinions.
Would you like more information on how to gather this evidence effectively?
what if one cannot prove this? is it just the balance of probabilites
Yes, in civil cases like medical negligence, the standard is "balance of probabilities," meaning it must be more likely than not that your claim is true. If evidence is insufficient, it may be challenging to succeed.
Would you like information on how to consult a solicitor for further advice?