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Delay in medical negligence case

I have a medical case going on for 12 years. From day one when questions were asked Hospital files went missing. How can a Hospital defend a case if there are no Hospital files? This has cost me a fortune but I will not give up. Any hints please?

This Listener is correct when he / she says when Hospital files go missing it is much harder for a Hospital to defend a case but under the system we have here is that the Claimant (the Listener in this case)  must prove that the Hospital was negligent in it’s diagnosis and treatment – not that the Hospital is responsible unless proven otherwise..

What this Listener can do and what his or her Legal Advisers will be doing is to ensure that they will get the best medical evidence available to show that there was negligence and it resulted in the loss being suffered.

Lengthy delays in medical negligence cases can arise for a number of reasons -  for example it may take a number of years to realise that there was negligence on the part of the Hospital,   that further operations may be required or even exploratory procedures conducted – very often overseas Doctors have to be engaged,  medical reports written,  second opinions obtained and I find particular delays occur when the people being sued  (the Hospital,  the Consultant, the General Practitioner,  the Radiologist, the Anaesthetist, etc ) are all separately denying liability and blaming others - you are in effect taking several cases at the one time - against each of the people etc involved in relation to your complaint.

My advice to this Listener is to get this case on for Trial as quickly as possible.   Very often the prospect of a case imminently going to Court will bring a settlement at the steps of the Courthouse.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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