clinical negligence

Clinical Negligence


Medical negligence also referred to as “clinical negligence” is one of the many branches of personal injury law that holds health professionals responsible for careless medical carelessness that results in the injury of a patient.

In the past two years UK medical malpractice, incidents have increased by 18%.

If you were emotionally or physically harmed from the negligent care of a physician, nurse, hospital or any other medical provider you could be eligible to receive compensation to cover the damages that you suffered.

This area of the law is often complicated and may require the help of a skilled legal solicitor.

What is clinical negligence?

Medical negligence refers to professional negligent care on the part of a physician, nurse or any other healthcare provider, in which the treatment falls below the acceptable standard which in some cases lead to injury or death.

Many medical negligence cases involved a medical error, misdiagnosis of a medical condition and prescribing the wrong medication.

Sometimes the negligent behavior can be as simple as an act of omission.

When a medical provider fails to inform the patient of a medical condition or doesn’t do anything about it, this can be perceived as medical negligence.

What is a medical negligence claim?

UK’s negligence laws provide a way for patients to recover damages from any harm that they incur due to the faulty treatment of a healthcare professional. These damages can include:

–    Loss of income

–    Medical expenses

–    Pain and suffering

In order to have a valid claim, the claimant must prove that the medical care they received fell below reasonable standards.

Along with their solicitor, the claimant has to show that any other competent medical provider in the same field would not have acted in the same manner.

Also, the claimant must show that the injuries they’ve sustained was, as a result, of the negligent medical care.

A strong medical malpractice case needs to have the following characteristics:

–    There must be an injury that resulted from the healthcare provider’s failure to provide the standard acceptable care.

A medical negligence claim is not valid if the patient simply feels that the doctor or hospital made an error, but there was no injury or harm done.

No personal injury attorney would take on a case if there were no present injury.

–     Evidence that standard care was not provided. UK National Health Service Laws recognize medical standards in which medical providers are supposed to when administering care to patients.  All patients are legally entitled to receive an acceptable standard care when being treated and when healthcare professionals fail to live up to that there may be a valid medical negligence claim.

–    – In order for a medical negligence case to be a success there has to be considerable damage. 

Medical malpractice cases are often expensive to settle because medical negligence can be difficult to prove.

Most cases will need the testimony of expert witnesses which can be costly.

Most solicitors will not take on a medical negligence case if there isn’t considerable damage because the payout may not be worth what they will have to invest in the case so that it is a success.