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What is ‘Clinical Negligence’?

A report by the NHS Litigation Authority (NGSLA) has revealed that compensation claim payments made for clinical negligence increased by 34% in 2009, when compared with figures for the previous year. Whilst the actual figure of new claims made against doctors is modest by comparison, it reflects a growing awareness amongst the public about their rights where medical negligence is concerned. However, many are still confused as to just what constitutes medical negligence and what procedures to follow in the event of making a claim.

A breach of duty of care

Clinical negligence is best described as a breach of a duty of care. The term covers death or injury that occurs as a direct result of negligent behaviour on behalf of a healthcare professional. In addition to doctors and nurses, clinical negligence claims are also taken out against dentists. However, clinical negligence does not simply mean administering the wrong drug. There are a variety of scenarios in which a compensation claim of this sort is justified. Doctors have a duty of care in ensuring that a diagnosis is correct and delivered on time. They must obtain proper consent to treatment, provide the correct medication, take proper precautions during surgical procedures and ensure that patients are referred to the right specialist at a time that is most beneficial. Failure to act with the proper care and within the right period of time can have devastating effects on a patient’s health.

However, it is not just doctors who assume a duty of care. Almost anyone who cares for a patient in a professional capacity has a legal obligation to offer services of a certain standard. This extends to other medical professionals such as midwives, physiotherapists, psychologists and psychiatrists. If, by failing to observe the proper procedures laid down by their governing bodies, a healthcare professional causes direct harm or death to a patient then they can be sued for clinical negligence.

A legal minefield

Clinical negligence is an ever changing and extremely complex area of the law. In pursuing a claim of this kind, claimants must establish professional negligence on the part of the practitioner and be able to prove that the mistakes that were made directly contributed to their own injury or to the death of a relative. Because the nature of this is so complicated and new issues are constantly being taken into consideration, most claimants prefer to put their case in the hands of a specialist clinical negligence solicitor. As part of the process of trying to establish professional negligence on behalf of the healthcare professional, the evidence must be examined by a team of independent medical experts who can determine where the fault actually lies.

Compensation for clinical negligence is not simply there to offer recompense for inconvenience. For some, clinical negligence can have serious consequences, resulting in the need for specialist care or round the clock treatment. For others it may mean time off work and a loss of earnings. Whilst we are all aware that human error is a fact of life, when that error has negative consequences for a patient being cared for by a healthcare professional, it has to be accounted for.

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FREE GUIDE - 7 Questions You Must Ask Before Choosing Your Medical Negligence Solicitor

If you believe you have been the victim of an act of medical or clinical negligence you need our free guide which answers all of the questions that you need answers to before deciding to make a claim, including:

• What are the costs of making a claim for compensation
• The reasons you should or should not make a claim, including protecting other patients
• Whether using a solicitor or a claims company will make a difference to the success of your claim
• The questions you must ask to ensure you choose the right person to help you with your claim

Before you take any further action, take five minutes to read our free guide so that when you do pick up the telephone or fill in an online enquiry form, you know exactly the questions you need to ask to find the right medical negligence claim solicitor for you.

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If you would like 1stClaims’ expert Medical Negligence Solicitors on your side please call us free on 0800 2888 693 or complete our Free Claim Enquiry form now and we will be in touch with you very soon.

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