Will you achieve a claim settlement if you pursue a vaginal mesh compensation legal case? Here are some things that you need to know in terms of the factors that May need to be considered.
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Attaining a claim settlement for pelvic mesh problems
It can be possible to achieve a claim settlement for pelvic mesh problems, although these types of cases can be notoriously difficult to succeed with. Ultimately, there is a lot to consider, and there is a lot of evidence to try to gather to prove that you have been the victim of negligence as opposed to unavoidable incidents. It does not help that pelvic mesh continues to be used and that the precedents in terms of the medical world still suggests that risks are low. One of the major issues is that, although risk rates may be deemed as low, it is the issue of how significant the risks can be when something goes wrong. People’s lives can be completely turned upside down.
To achieve a claim settlement, you normally need to cross two key hurdles. The first is that you need to prove that you have been the victim of negligence, which could be by proving that you have suffered due to an error made during surgery or during the treatment process. Alternatively, it could be that you were not advised properly enough about the significance of the risks that you could face, which can be quite a common argument that is made. If you can prove this then you can, hopefully, demonstrate that you have not been able to give informed consent, as you would not have gone ahead with the procedure had you known that the risks could be as significant as they have turned out to be. There could also be avenues by way of a product liability claim if we can prove that the mesh itself was defective, but this can be quite difficult to prove.
The second hurdle is then showing that any problems that you have had have arisen from the negligence that you have proven. In accordance with the law of England and Wales, you can usually only recover damages for any suffering that you have endured that is caused by any negligence. If we can show that you have suffered injury and loss, and that this is directly caused by the negligence that took place, you may be able to win a case.
Proving these hurdles normally comes down to expert medical evidence from an independent consultant who can provide their opinion and review your circumstances, and see you for an in-person appointment. They can provide their professional, independent opinion as to whether you have suffered as a result of negligence, and how you have suffered. We can then use this as the key basis to prove your claim and achieve a claim settlement if we can.
No Win, No Fee legal representation
Another important thing to know is that we can offer No Win, No Fee legal representation to eligible clients where we believe that there is a good enough chance of being able to succeed with a legal case. As such, if you take aside any difficulties of achieving a settlement for the moment, you can at least rest assured that we can write off our legal fees if the claim does not succeed. All you need to do is abide by the terms and conditions in place.
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