Clinical Negligence


Clinical negligence claims arise when a medical practitioner, such as a doctor, or a healthcare provider, such as an NHS Trust or a private hospital, breaches his or its duty of care to the claimant, who is injured as a result of the breach. The patient may seek legal advice following an adverse outcome from medical treatment, for example, an unexpected injury or even the death of the patient.

In clinical negligence claims, the patient may have objectives other than compensation, such as an explanation as to what went wrong, an apology, the punishment of those responsible and the assurance that similar mistakes will not happen in the future. There are some drawbacks to pursuing some courses of action, for example, it is not possible to participate in the NHS complaints procedure and pursue a civil claim in the court at the same time; nor will the NHS complaints procedure lead to the payment of compensation.

It is worth noting that it is not sufficient for the claimant to have an unexpected or disappointing outcome from the medical treatment he received. This does not necessarily mean that the healthcare provider failed to act with reasonable care and skill. Even where a breach can be established, it may not be possible to show that the breach caused the injury, as the underlying medical condition may have led to the same outcome for the patient in any event.

If you would like to obtain legal advice on the law relating to clinical negligence or advice about making a claim for damages where clinical negligence has occurred, Caven can put you in touch with a local specialist Clinical Negligence Solicitor free of charge. So, if you have any questions or would like our help in finding local Clinical Negligence Solicitors please call us on 08001 221 2299 or complete the web form above.

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