What is Negligence?

Negligence arises when someone causes injury or a loss to somebody else, as a result, of their reckless or careless behaviour. In English common law, negligence is a tort (a civil wrong) and a claim in negligence may provide a solution for personal injury, damage to a property or a financial loss.

Which elements are required to prove Negligence?

The claimant only needs to prove that on the balance of probabilities the defendant that owed a duty of care, failed to practice reasonable care. The claimant is required to demonstrate that the defendant has caused the claimant to suffer loss. For any legal action arising from negligence, it must be proven that the following have occurred:

• Duty of care
• Breach of duty
• Causation
• Damages

What is Medical Negligence?

Medical negligence is when healthcare professionals cause physical or mental harm, due to the poor standard, lack of care or treatment they provide. Clinical negligence is also known as medical negligence. Proving clinical negligence can be difficult and legal advice should be obtained prior to making a claim. If you are successful and win a clinical negligence claim, you will only receive financial compensation. There is a 3 years period, to make a claim, from when the alleged clinical negligence occurred or was noticed. Legal funding may be obtained to pursue a claim and a claim may be able to be made, if a family member died due to negligence. If an apology, or other outcome is required, then a formal complaint can be raised. A clinical negligence claim may be made concerning both NHS and private sectors.

What is required to prove Medical Negligence?

• The healthcare professional or provider owed a duty of care
• Care was not of an acceptable standard
• As a direct result of this, harm was suffered                                                                  

Examples of Medical Negligence

• Misdiagnosis of a medical condition, resulting in a delay to treat
• Incorrect treatment or medication being prescribed
• Delay in a diagnosis and an unreasonable delay in treatment
• A patient being discharged too early
• Poor medical management of a medical condition
• Failure to refer to an appropriate specialist for further investigation or treatment
• Inadequate surgery being performed