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If I have a deafness case
To establish whether or not you have a potential medical negligence claim for hearing loss, it will be necessary to prove that there was a breach or breaches of duty of care owed to you by medical staff (i.e. you were provided with negligent medical treatment) and that the identified failings in that care caused or materially contributed to your hearing loss.
The standard of proof that we need to demonstrate in these cases is ‘the balance of probability', i.e. that it was more likely than not that it was those failures and breaches of duty of care that caused the injury. In other words, if we can show that, on balance, it was those failings in care which were responsible for the harm that you suffered that lead to your hearing loss, the claim may be successful.
There are strict time limits within which you can bring a medical negligence claim. That said, your health must be your priority and if you experience hearing problems then you should first and foremost seek appropriate medical advice and treatment. Thereafter, you should seek appropriate legal advice as soon as it is reasonably practicable to do so, if you believe that your hearing problems have been caused by medical negligence. Court action must, however, be commenced within 3 years of you having potentially negligent treatment or becoming aware that you may have had potentially negligent treatment.
We can provide you with free initial legal advice about whether it may be possible to pursue a claim arising out of your hearing loss.