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An Introduction to Clinical Negligence: The Most Condemned Form of Professional Negligence

If you or someone you know has grown serious (and previously not present) medical complications after returning from a hospital or a care home, it might be a case of clinical negligence. You just need to know more about these issues that are growing in number with days passing in the UK. If you are knowledgeable about this form of professional negligence and the legal antidote for seeking reparation, you can think about taking the right steps. A brief understanding of what doctor’s negligence is and other related matters clinical negligence caimscan be found here below.

Introduction to negligence in healthcare sector

Like in all professions, doctors also need to comply with certain rules and regulations. They need to provide highest standard of care and support to the patients who rely on them. Besides, the clinical staffs are also expected to provide the support and assistance that patients expect from them. Failing to comply with the standard of duty and the general duties and responsibilities creates provision for the victims to formally complain and file medical negligence compensation claim if everything else fails. Therefore, these claims can be filed against both the doctors and the clinical staffs.

Understanding the four elements of a case

A case of this type is based on four facts (or elements) arranged here below in a sequential and logical order.

  1. Duty of care: One of the prime frameworks for understanding whether you have a hospital negligence claim or not is the duty of care guidelines. Doctors and lawyers refer to these guidelines when their actions cause patient injury (and death). However, a medical practitioner is expected to know about these guidelines and act in compliance with the same. Many simply do not bother about following the guidelines and that is why they make professional mistakes.
  2. Breach of the duty: As previously mentioned, breach of duty happens when doctors fail to comply with the standard guidelines. There are certain tests (such as Bolam Test) and other ways to know whether a doctor crossed the line or not. NHS medical negligence solicitor’s well know the guidelines meant for the doctors and can instantly tell you whether the doctor who made you a victim was right or not.  Experienced solicitors also tell the victims of profession al negligence what charges can be brought against the doctor in question.
  3. Causation: Whenever it is proved that the doctor failed to perform in compliance with a standard of care, the clinical negligence lawyers check whether the noncompliance resulted in patient injury. They simply want to relate their clients’ cases with the breach of duty. This is the most crucial phase in forming up a case of professional negligence claim. You need to produce a medical report that clearly establishes that the injury was caused by an act of negligence.
  4. Damages: The next step involved is to quantify the depth and nature of the damages caused. However, damages do not only comprise of the physical injuries. Your loss of income and loss of future earning opportunities will also be taken into account. Besides, your loss of amenities would also be counted in the process of quantifying the intensity of the physical and pecuniary damages. Keep in mind that your mental trauma will also be considered as a part of the damage.

The burden of proof is yours

Make no mistake in the documentation part. This is because the burden of proof, according to the English Tort Law, goes on you. You need to produce the following documents without failure in the court:

  • Your medical record of past six years or more (depends on which solicitor you are choosing and the requirement of the clinical negligence case itself)
  • Photographs of the injuries received by you (and videos, if possible)
  • A written description of how things started, what are the steps you have taken till date, and everything that falls in between.
  • The written communication between the concerned healthcare authority and you (all the letters and emails should be kept in a sequential order)

What is the general liability of the doctors of staffs?

The Standard of Care, as defined in the English Tort Laws, is a set of certain guidelines meant for practitioners who offer psychologicalclinical negligence solicitor or medical treatment. Duties and responsibilities of every doctor are clearly defined within these guidelines. If a doctor fails to perform according to the guidelines, his act of negligence becomes subject to litigation. Public hospitals (NHS run and controlled) are expected to follow these guidelines and an NHS medical negligence claim case should be filed if violation of the Standard of Care becomes apparent.

Steps to file a claim

You, as a victim, have three years in hand to file a claim (there are some exemptions too). Within this period, you need to bring it to the notice of the hospital authority that your chances of recovery were otherwise fairly higher had the doctor attending been not so negligent. If the healthcare authority sees it a clear cut case of negligence and admits their liability, there’s not need to make things longer. You will probably be offered a settlement amount at this point. However, if you think that settlement amount is too small compared to the damages caused to you or the authority strongly claims that you are making a making a mountain out of a molehill, you should file a clinical negligence claim.

The no win no fee way-out

It’s not that you have to pay a lump sum for starting a case. There are no win no fee claims experts whom you may consider. These are professional negligence lawyers who are given to understand that their clients are in deep soup when they attempt to take legal actions against their doctors. For this reason only, they do not charge their clients beforehand. Only when you win the court case and receive your compensation in full, you will be asked to pay their fees.

These days, you can also claim online or just lodge an enquiry or to ventilate your concerns.

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