Why make a medical negligence claim?
Medical negligence claims allow patients to seek redress when they experience harm due to substandard care from healthcare professionals. Proving negligence, however, is not always straightforward. It involves consideration of the four primary elements of a case being: duty of care, breach of duty, causation, and injury.
What’s involved in proving a duty of care?
The pursuer needs to prove the healthcare professional owes him/her a duty of care. In medical settings, this is generally straightforward, as doctors, nurses, and other healthcare providers are legally and ethically obligated to care for their patients. The duty of care means that the provider must act in a manner consistent with the standards expected within the medical profession and to act responsibly and skilfully to protect the patient’s health.
How do you know if there has been a breach of duty?
Once the duty of care is established, the next element to prove is a “breach of duty.” This involves showing that the healthcare provider failed to meet the standards of care expected in their profession.
A breach could occur through acts of omission (failing to act) or commission (acting inappropriately). Examples include misdiagnosis, medication errors, lack of informed consent, failure to follow up and inappropriate treatment. In a medical negligence case, a breach is established if the actions done or omitted are ones which no ordinarily competent healthcare professional acting with reasonable care would not have done.
Those claiming will generally need to rely on expert witnesses, usually other healthcare professionals, who prepare a report supporting a case in negligence. Without such a report, the claim is unlikely to be successful.
Has the breach led to an injury?
Proving this is often the most challenging aspect of a medical negligence claim. The legal term is known as causation. This requires demonstrating a direct link between the healthcare provider’s breach of duty and the patient’s injury or harm.
The injured patient needs to prove that had it not been for the doctor’s negligence, they would not have suffered the injury or harm in question. For example, if a doctor fails to follow up on blood results which suggest urgent treatment is necessary and the delay in treatment causes the patient’s health to deteriorate, causation is likely to be established.
Medical records, expert evidence as well as medical records documenting the patient’s condition before and after treatment, are often essential in proving causation. In cases where the patient’s injury may have multiple causes, courts evaluate whether the healthcare provider’s actions significantly contributed to the harm.
What is the extent of the patient’s injury?
The final element of a medical negligence claim is proving the extent of the injury. The patient must have suffered physical, emotional, or financial harm due to the provider’s negligence. Harm can include physical injuries, such as complications from surgery or worsening of a condition, as well as psychological distress. Financial losses such as medical expenses, loss of income, or the need for ongoing treatment, can also be recovered. Without any evidence of harm, even if negligence has occurred, there is no basis for making a claim.
Have the four elements of a claim been identified?
Understanding these four elements—duty of care, breach of duty, causation, and harm—is fundamental when pursuing a medical negligence claim. Each of these elements must be established in order to win a claim.
Given the complexities involved in these four elements, it is important to work with an experienced medical negligence lawyer. They can advise and assist in gathering all necessary evidence, consult with medical experts to maximise the chances of the claim being successful.
How to get in touch
If you think you may have a claim for medical negligence, we will be happy to discuss your case with you. Contact us today by completing our online enquiry form or call us on 0800 988 8082 and we will be happy to discuss your case with you
