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How to File a Claim for Medical Negligence




If you have suffered injuries due to a medical mistake, you can file a claim for medical negligence. A lawyer specializing in this area of law will be able to collect medical records and perform an independent investigation of your claim. The first step in a medical negligence claim is establishing the duty of care that the medical provider or facility owed to you. The medical records will help you prove that the medical professional owed you a duty of care.


The strength of evidence is important in a medical malpractice case. In order to win, the plaintiff must show that the healthcare provider breached the standard of care owed to the plaintiff. Medical negligence occurs when the defendant fails to diagnose the plaintiff’s condition or provides sub-standard care. This requires testimony from an expert medical witness. For instance, if a doctor fails to inquire about a patient’s medication intake, this could be negligence.

Several studies have examined malpractice settlements and found a strong correlation between settlement rates and the quality of a case. In one study, Farber and White found that the quality of care was significantly associated with the likelihood of a settlement. For instance, the lowest settlement rates occurred in cases of “good care” and the highest settlement rates occurred when the care was rated “bad care.” However, the authors concluded that determining negligence may be a costly sideshow that does not impact the outcome of a case.

Duty of care

A doctor has a duty to provide his or her patients with adequate care. When this duty is breached, the patient suffers harm. In such cases, the injured patient can seek compensation from the medical professional. This principle applies to any medical professional who treats patients, regardless of whether they are the patient’s primary care physician or not.

Generally, a doctor has a duty to treat his or her patients in a manner that would have made them feel better. This duty of care applies to medical diagnosis, treatment, and advice. Patients may have contracts with physicians, which state the standard of care that the doctors should provide. For example, a doctor may have a duty to diagnose a patient, but may have failed to do so.

Accepted standard of care

The accepted standard of care is the baseline standard used to determine medical malpractice. This standard is determined by evaluating the performance of medical practitioners similarly qualified to the accused. While the baseline standard is often similar from state to state, it may differ slightly from community to community. For instance, a rural physician may not have the same resources available at a metropolitan hospital.

There are other standards, such as the Bolam test, which are used to determine negligence. These standards are subject to criticism and heavily rely on expert evidence.

Time limits for making a claim

If you believe that a doctor or hospital is negligent, you may be able to file a claim for compensation. However, you must act promptly. Many cases of medical negligence go undetected until a victim dies. If this happens, a claim for compensation must be filed within three years of the date of death or discovery of the negligence. Depending on the circumstances, this time limit may be extended.

In many cases, a medical professional’s negligence has caused the victim to become ill or to develop a chronic condition. A misdiagnosis of cancer, for example, can lead to the wrong treatment and delayed symptoms. The time limit on making a claim for medical negligence may be three years from the date of your injury. However, you may be able to file a claim if you discover your illness or injury months or years after the accident.


If you or a loved one has suffered due to medical negligence, you can file a claim to recover damages. There are time limits and expert legal advice is important to ensure your case is successful. At Connolly Suthers, our legal team is dedicated to handling medical negligence claims. Contact us for a free consultation.

There are several ways to pursue a claim for medical negligence. You can approach the State Medical Council or the Civil Court if you believe that your medical practitioner was negligent. A common way to file a claim is by alleging “gross negligence” by the medical practitioner.


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Linda Barbara

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