What is involved in a clinical (or medical) negligence claim?
Patients who have been caused great distress by medical treatments that have gone wrong are entitled to demand an explanation. Medical practitioners in charge of their patients are ultimately responsible for their patient's well being and every possible step should be taken to ensure a high level of service.
A case of clinical negligence can be brought when the treatment provided by a medical practitioner was sub-standard and this has resulted in a mental or physical injury.
Various procedures have been reported to have gone wrong over the years, such as objects being left behind in the patient and non-communication between the patient and doctor on certain risks that could be involved in the treatment. There have been shocking reports on patients finding foreign objects such as clips and screws left behind. Negligence cases, however, can be brought against practitioners in many different fields of medicine
The types of medical practitioners that can be held liable include:
- Dentists
- GP's
- Privately funded health practitioners
- All NHS medical staff and hospitals
- Privately funded hospitals
Medical practitioner's owe their patients a duty of care, however in some cases they fail to do so. If the patient can prove that the treatment they received was below standard, they should be able to bring forward a claim. The method of treatment they received will be compared to other medical practitioners working in the same field.
It is expected that the medical practitioner should take personal accountability for keeping up to date with current developments in healthcare, and that this will be questioned when an error is made. The assessments will be made in accordance with the current medical trends prevailing at the time of the incident.
It is essential that in order for a patient's claim to be successful, it will have to be shown that the medical practitioner in charge of the patient contributed substantially to the patient's injury. Quite often medical cases can be complex, with the patient suffering from a variety of different illnesses. Therefore it will need to be proven that the damage caused by the medical practitioner was separate to the patient's underlying condition.
The average compensation award for medical negligence case in the UK is £17,900 and this reflects the impact that many incidents have on the life of those who have suffered. The UK Lawyers Network represents many firms who are specialised in dealing with negligence claims. Call us now on the number at the top of the screen for confidential advice.