This article tells about the steps of negligence claim in the court. It also tells that at what time the patient should claim the negligence case in the court and how he should prove his claim.
In the negligence claim against a doctor, the patient has to take care of some steps, which are compulsory in preparation of the compensation claim in the court. It is imperative for the patients to prove that the action of doctor or its lack of exercising medical treatment to the patient is based on fact or otherwise. If a patient is suffered from cancer and the patient has 25% chances of his survival from this deadly disease, then failing in treatment of the doctor will not be considered negligence. If patient has 50% or more chances for his survival then the probability of the cure will be considered and the negligence claim against a doctor can be prepared.
The negligence claim against a doctor can be determined under the civil procedure rules. The doctors will have to give evidence as expert in particular case under part 35 of these CPR rules. In the negligence claim against a doctor, the court seeks opinion from the expert doctors to decide the case. The expert should give their opinion or advice being impartial from any party and according to the spirit of the case. Their opinion can help the court to settle the case being keeping in view the sufferings of the patients or the innocence of the doctors in the negligence claim against a doctors. In some states or parts of country like Wales and England, this law is enforced with its true spirit and some states like Northern Ireland and Scotland do not take interest in its enforcement.
When negligence claim against a doctor is initiated, the latter of claim is sent to doctor and ask the doctor to submit his defense in the court by giving him sufficient time of many weeks. During this time, doctor can get information and prepare the defense of negligence claim against a doctor. The claimant also has to submit the ‘particulars of negligence claim against a doctor’. The concerned doctor sends his defense with supporting statement to the defense. Experts of both sides prepare reports giving advice to the court on the particular case. If case persists for long time then court issues orders for meeting of the expert to justify the reasons of disagreement.
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