Who is Medical Negligence Applicable to?
Doctors, nurses and other medical professionals are generally some of the most highly skilled and valued professionals at work in our society. The legal concept of the duty of care is especially highlighted in the relationship of trust and dependence that most patients have with their medical professionals.
However, if you or a close one has suffered injury or death as the result of malpractice or negligence by a medical professional, it may be so that you are entitled to compensation. At the very least, the governing body of UK Doctors or the General Medical Council requires a Doctor to inform a patient if their treatment has been unsuccessful or cannot be completed.
By definition, medical negligence is the failure by a medical carer to perform to the expected standards of the medical profession.
What Happens Next?
If a Doctor is held responsible for breaching the duty of care towards a patient who is under their supervision, this is called clinical or medical negligence. The term covers the types of behaviour that could result in a patient issuing a medical negligence claim. In demonstrating improper conduct or neglecting their duty of care, Doctors may find themselves subject to the litigation process.
In the process of claiming for medical negligence, the solicitor will fight for the claim of the affected person and gain the highest possible amount. The quantum (term given to the amount of compensation you receive) is usually determined by comparing the case in question to other cases of a similar nature. This part of the process is important, for there must be consistency in the law to promote fairness.
What Constitutes as a Medical Negligence Claim?
Claims of medical negligence are different from other personal injury claims. Rather than being a relatively straightforward acknowledgment of who was or was not responsible, medical negligence claims must be demonstrated on the following balance of probabilities:
- The medical professional in question made serious errors that would not be expected from a competent doctor
- The errors caused or heavily contributed to the injury sustained by the patient
Step by Step: What Happens During a Medical Negligence Claim?
There are 4 steps involved within the process of issuing a claim for medical negligence. It is needless to say that Doctors should provide a service of care for their patients and should act in their patients’ best interests.
Prior to beginning these steps, it is necessary that if you want to make a medical claim you should contact a solicitor who will provide legal advice on which approach to take. When the solicitor has agreed to fight for your compensation, there are 4 steps to take in order to complete the medical negligence claim:
- Responsibility of care: the primary concern for courts is to determine if a case is worthy of pursuit.
- Patient’s duty to prove: The patient must produce adequate evidence or testimony that proves the Doctor acted negligently, with improper conduct or duty of care.
- Standard of patient’s case: The courts decide if there is enough evidence for the claim to be viable and for the patient to receive compensation.
- Sourcing the incident: the courts conclude whether the blame lies with the Doctor or not.
If there is enough evidence to suggest that the medical professional has failed to meet the minimum standard expected of someone with their set of skills, they are seen as professionally liable for medical negligence in causing harm to their patient.
However, if the Doctor is able to prove that a person in the same profession would have acted in a similar way, they will be able to defend their case. After considering the evidence, including other Doctors’ opinions and the testimony of the unsatisfied patient, the judge (if the case has to be settled in court as a last resort) may conclude that the Doctor did or did not act with negligence.
Medical negligence claims often take a few years to end and usually involve complex legal issues and medical evidence being given. If a medical professional has caused harm by providing a sub-standard level of care and attention to any patient, they should be held accountable for their actions, so that future harm can be avoided.
Clinical Negligence Scheme for Trusts (CNST)
The CNST is a volunteer scheme that was designed to record, regulate and ensure the consistency in response to negligence claims issued by members of the public. Since April 1995, the CNST has dealt with all claims issued by members of the public against NHS professionals and is an organisation funded by membership contributions.
Our Find a Solicitor Service can put you in touch with solicitors who have specialist knowledge and experience in dealing with different cases of clinical negligence. Our solicitors know the best ways to proceed with your medical negligence case, depending on your individual situation. If you would like to consult one of our specialist solicitors, please fill in the form and one of our solicitors will respond to your personal needs.