Clinical Negligence Law

 

Clinical negligence law relates to negligent treatment administered to patients by doctors, surgeons, psychiatrists and other medical and health professionals.

Clinical negligence law is a sub topic within tort law. Tort law provides remedies for individuals who have suffered injuries and losses that haven't arisen out of a contractual agreement. Clinical negligence law is an incremental subject. This means that the law develops on a case-by-case basis and is subject to change.

Essentially, in clinical negligence law, a claimant must satisfy three elements in order to have a claim for clinical negligence. This is summarised below.

Duty of care

The claimant must show that they were owed a duty of care by the medical professional who treated them. This is a relatively easy test to meet as it is widely accepted that a medical professional owes their patients a duty of care.

Breach of that duty

The claimant must show that the professional breached the duty of care owed to them. This is more difficult to establish. Essentially, the claimant must show that they received negligent treatment and that the professional did not exercise a reasonable standard of care and skill. Detailed medical evidence is normally required to prove this and disprove any defences the professional may raise.

Breach of duty caused loss

Finally, the claimant must establish that the breach of the professional's duty has caused them injuries. This is perhaps the most difficult to prove and will require supporting medical evidence and previous case law.

If you would like to obtain legal advice and information on clinical negligence law, including bringing or defending a clinical negligence claim, Caven can put you in touch with a local specialist Civil Litigation Solicitor free of charge. So, if you have any questions or would like our help in finding local Civil Litigation Solicitors please call us on 08001 221 2299 or complete the web-form above.

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