Medical Claims Online - Medical Negligence Law
Medical Negligence Claims: The Law
Common Medical Negligence Claims:
Medical Negligence Law can be complicated.
In order to bring a successful Medical Negligence Claim, you must prove that the Health Care Professional was negligent on the 'balance of probabilities'.
In order to prove that a Healthcare professional has been negligent, medical law states that a person must overcome three ‘hurdles’.
They are:
Duty of Care
Breach of Duty
Causation
All Health Care Professionals owe their patient a duty of care and so the first of the hurdles does not feature greatly in Medical Negligence Claims. However, that duty does not always extend to third parties, e.g. partners or children.
It will be necessary to show that the clinician has breached that duty by acting in a way that no responsible body of medical opinion would have. In other words, was the clinician’s conduct indefensible? If a surgeon carried out a procedure that caused injury but was in accordance with common practice throughout the UK there would not be a claim for medical negligence.
The next step in your medical negligence claim will be to show that but for the breach of duty you would not have suffered the injury that you have. This is known as Causation. Many medical negligence claims fail at this hurdle. An opinion will be sought from a medical expert in this regard. This hurdle is probably the most complex area of Medical Law.
The aim of medical negligence law compensation is to put the victim back into the position they would have been 'but for' the medical negligence.
Clearly the victim of a medical accident cannot turn back the clock either physically or psychologically; any compensation awarded in a medical negligence claim will cover the financial losses incurred both in the past and those that will arise in the future. You will also receive a sum to compensate you for your pain and suffering.
Our Panel Members are all experts in Medical Negligence law and have dealt with and settled hundreds of Medical Negligence Claims. They will be able to explain the law relating to Medical Negligence to you in a clear and concise manner.
Please contact us today for a free assessment of your Medical Negligence Claim, if you believe that you have been the victim of Medical Negligence.
