Examples of medical negligence might include misdiagnosis, failure to diagnose, incorrect treatment and surgical errors. Such errors may cause either a new injury or worsen a pre-existing condition. Medical negligence can happen in various settings, including hospitals, clinics, and private practices, and may involve doctors, nurses, surgeons, dentists, and other healthcare providers.
Establishing negligence
Succeeding in a medical negligence claim is a complex and lengthy process. The claimant must prove certain elements, including:
- Duty of care: Healthcare professionals owe their patients a duty to provide a reasonable standard of care – such a duty is generally inherent in a doctor-patient relationship.
- Breach of duty: It must be shown that a healthcare provider breached their duty of care by providing treatment that fell below the accepted standard of a reasonably competent healthcare professional in the same circumstances.
- Causation: A claimant must also establish a direct link between the breach of duty and the harm suffered. Proving causation can be particularly challenging in medical negligence cases, especially when involving pre-existing conditions.
If a claim is successful, and depending on the circumstances, damages (compensation) may be provided for various losses, including pain and suffering, loss of earnings (if relevant), costs for care and treatment, and other related expenses.
Building a medical negligence case
Building a strong case requires a comprehensive understanding of medical negligence law and conducting investigations into the circumstances surrounding a claimant’s injuries. This usually involves collaborating with medical professionals to evaluate the standard of care provided and identify any deviations from accepted practices. Evidence must be available to support a claim, for example, medical records, expert medical/liability reports, and witness statements.
Many medical negligence claims are settled out of court through negotiation between the parties. Settlement can occur at any point in the process. If a settlement cannot be reached, court proceedings may be recommended. Before taking this path, the parties must follow a pre-action protocol which is aimed at encouraging early settlement and avoiding litigation.
Court proceedings will lead to a court hearing and ultimately a judge’s decision if the case proceeds to trial. There are significant costs and other implications in pursuing court action, and it is important to make an informed decision based on a reasonable assessment of your case.
How can we help?
Finding the right solicitor with experience in medical negligence law and who is passionate about making a difference in people’s lives is critical when pursuing a medical negligence claim. You will want advice you can trust, based on sound knowledge and expertise.
CAPA LAW Solicitors are personal injury and medical negligence claim specialists. We genuinely care about our clients and the results we achieve. We work collaboratively with specialist experts and barristers to ensure you receive comprehensive advice and quality service to help you make informed decisions as we guide you through the legal process.
If you believe that you have received negligent medical treatment or are unsure whether you may be entitled to make a claim, we can help. Call CAPA LAW Solicitors on 0151 662 0345 or email: [email protected]