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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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How is the amount for a Medical Negligence claim decided?

Resolved Question:

How is the amount for a Medical Negligence claim decided?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. The amount of damages given in a Medical Negligence claim is decided based upon the expert medical reports which each side submits in support of their claim. If you were the Plaintiff, you had to submit an expert medical report in support of your claim when you issued legal proceedings as it is unlawful to issue medical negligence proceedings without a supporting medical report which states that liability results on the Defendant doctor/National Health Trust given what happened.

Expert:  Buachaill replied 1 year ago.

2. The judge has regard to the Expert medical reports in quantifying what level of damages which will result. He will first consider the Plaintiff's medical report and then consider in what material parts, the Defendant's medical report differs from the Plaintiff's medical report. Then he will rule upon what issues of causation arise and then determine the appropriate level of damages given the harm caused.

Expert:  Buachaill replied 1 year ago.

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