Do I have a Claim?
Negligence has a specialist meaning in law, which is often misunderstood. In the medical context, negligence means treatment or care, which falls below medically acceptable standards. Treatment or care, which is unusual or unconventional, is not negligent if there is a reputable body, even a small body, of medical opinion, which approves it. Negligence does not mean deliberate neglect or indifference by your doctor.
You must also prove that the doctor’s “negligence” directly resulted in injuries. In many cases this will be obvious. There are, however, difficult cases were the doctor’s negligence is only a possible cause of injuries, or only one among many possible causes. In order to succeed you would have to prove what injuries if any were caused by the negligence
If you win your case, the court will award you damages. The amount of damages will be assessed by the judge according to an established legal formula. The purpose of damages is to compensate you for pain and injuries which you have actually suffered and expenses and financial loss which you have experienced as a result.