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Medical Negligence Claims Backed Up By the UK Legal System

The UK has seen an upsurge in medical negligence claims in the recent years and the credit goes to the costly mistakes committed by the physicians. The government has come up with stringent rules and laws to offer justice to the victims of medical malpractice. The sufferers of medical negligence can seek assistance from the medical negligence solicitors and know about their rights regarding filing medical negligence solicitorsof clinical negligence compensation claim. The no win no fee solicitors have the knowledge and expertise to enhance the chance of winning the clinical negligence claim.

The legal concept encompassing clinical negligence has developed recently in the UK law system. The tort of negligence was introduced after the commercial liability for faulty produce was proved in the 1932 Donoghue v Stevenson case. It is finally the Bolam proceedings of 1950 that, though indirectly, offered the base for medical negligence claims. The case brought the “Bolam test” into the picture and, in the process, defended the doctors and turned the winning of clinical negligence compensation difficult. However, in the late 1990s, the Bolam test was changed and the judge was allowed to conclude that a medical diagnosis and treatment that is not supported by logical analysis is to be considered negligent.

In order to handle the medical malpractice claims, the government has planned to build resources to meet the high costs of the claims made against the NHS. The NHS Litigation Authority (NHSLA) was build to contend the cases on behalf of the Secretary of State. The NHSLA (National Health Service Litigation Authority) did not handle the suits against the general physicians and the primary care doctors but these medical professionals were defended by numerous medical defense enterprises. However, recognizing the skyrocketing costs of the medical malpractice claims, the UK Department of Health is seeking to mend the flaws in the existing law system. The health department of the UK government published a paper titled “Making Amends – Clinical Negligence Reform” emphasizing the necessity of clinical negligence prevention. The paper advised to introduce programs lowering risks, forbidding harms and encouraging best practice rather therapeutic cure through damages.

The Department of Health released another paper titled “Trust, Assurance and Safety – the Regulation of Health Professionals in the 21st century” which states that the doctors, psychologists and psychotherapists should be assessed by the Health Professions Council (HPC). The HPC already governs 175,000 medical practitioners from thirteen occupations like chiropodists, paramedics, dietitians and physiotherapists. According to the Marc Seale, the chief executive of the HPC, the recommendation made by the ‘Trust, Assurance and Safety-The Regulation of Health Professionals in the 21st century’ is good for both the medical professionals and the patients.

The HPC claimed that these days the claimants filing clinical negligence claims must produce proper documents and papers evidencing their claims. The court will evaluate the documents and decide whether to grant the compensation or not. However, not all losses are recoverable. The court will only grant compensation for the damages that are distinctly foreseeable.

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