Understanding Clinical Negligence Claims
Healthcare professionals, such as doctors, nurses, and surgeons, are trusted to provide safe and competent care. Unfortunately, mistakes can happen, and when they do, they may lead to severe physical, emotional, and financial consequences for patients.
Clinical negligence, also referred to as medical negligence, arises when a healthcare provider fails to meet the expected standard of care, resulting in harm to the patient.
In this blog, we will outline what constitutes a clinical negligence claim and explain the essential elements you need to prove to bring one forward.
What Is Clinical Negligence?
Clinical negligence involves errors or omissions by a medical professional that cause avoidable harm. Common examples include:
- Misdiagnosis or delayed diagnosis.
- Surgical errors, such as leaving instruments inside a patient.
- Incorrect or harmful treatment plans.
- Prescription errors, including administering the wrong medication or dosage.
- Failure to warn patients about known risks of a treatment or procedure.
Not every adverse medical outcome is due to negligence. To make a successful claim, specific legal criteria must be met.
Key Elements of a Clinical Negligence Claim
To succeed in a clinical negligence claim, you need to establish the following two critical elements:
1. Breach of Duty of Care
Healthcare professionals have a legal obligation to provide care that meets reasonable standards within their field of expertise. A breach occurs when their actions (or inactions) fall below the standard expected of a competent practitioner.
The Bolam test is often applied to assess whether a breach of duty has occurred. This test asks whether the actions of the healthcare professional would be supported by a responsible body of medical opinion in the same field. If the answer is no, they may have breached their duty of care.
For instance:
- A GP who fails to refer a patient for further tests despite clear warning signs of a serious condition may have breached their duty.
- A surgeon performing a procedure without adequately warning the patient of potential risks may also fall short of the expected standard.
2. Causation
Even if a breach of duty is established, it must be proven that this breach directly caused the harm or injury suffered. This is known as causation and involves two elements:
- Factual causation: Would the injury have occurred “but for” the healthcare provider’s negligence?
- Legal causation: Was the injury reasonably foreseeable as a result of the negligence?
For example, if a delayed diagnosis of cancer allowed the condition to progress to a more advanced and less treatable stage, causation would need to demonstrate that the delay made a material difference to the outcome.
Call us on 0151 306 3694 Email our teamWhat Evidence Do You Need to Prove a Claim?
Building a strong clinical negligence claim requires comprehensive evidence. Below are key types of evidence to gather:
1. Medical Records
These provide a detailed account of your medical history, treatment plans, consultations, and test results. They are vital in identifying any deviations from standard care.
2. Expert Reports
Independent medical experts play a crucial role in clinical negligence cases. They review your medical records and provide professional opinions on:
- Whether the care you received fell below acceptable standards.
- Whether the substandard care directly caused the harm you suffered.
3. Personal Statements
Your own account of events is equally important. Document the timeline of your treatment, describe how the negligence has impacted your health and daily life, and include details of any financial losses incurred.
4. Witness Statements
Family members, carers, or others who witnessed your condition before and after the incident can provide supporting statements.
The Legal Time Frame for Bringing a Claim
In England and Wales, clinical negligence claims are subject to strict time limits:
- You generally have three (3) years from the date of the incident or from when you first became aware that your injury was caused by negligent treatment.
- For children, the time limit does not start until their 18th birthday, giving them until they turn 21 to bring a claim.
- For individuals who lack mental capacity, the time limit may be paused indefinitely.
Failure to act within the specified time frame may result in your claim being barred, so it is crucial to seek legal advice promptly.
The Role of Compensation in Clinical Negligence Claims
Compensation in clinical negligence cases aims to restore the injured party as closely as possible to their pre-negligence condition. This includes covering:
- General Damages: For pain, suffering, and loss of amenity.
- Special Damages: For financial losses such as medical expenses, loss of earnings, and the cost of future care.
For instance, if negligence has left you unable to work or requiring ongoing rehabilitation, your compensation claim can help secure the resources you need to rebuild your life.
Common Challenges in Proving a Claim
Clinical negligence cases can be complex and challenging to prove. Some common hurdles include:
- Establishing causation: Medical conditions can have multiple contributing factors, making it difficult to pinpoint negligence as the primary cause of harm.
- Medical evidence: Obtaining compelling expert reports that unequivocally support your claim.
- Time and cost: Claims can take months or even years to resolve, and the legal process requires substantial resources.
This is why working with experienced clinical negligence solicitors is essential. They can guide you through the legal process, obtain the necessary evidence, and ensure that your claim is handled efficiently and professionally.
Bringing a Successful Claim
Clinical negligence claims serve as a vital mechanism for holding healthcare providers accountable and ensuring that patients receive justice when harm occurs. To bring a successful claim, you must prove that the healthcare provider breached their duty of care and that this breach directly caused your injury.
By gathering strong evidence, adhering to legal time frames, and seeking professional advice, you can navigate the complex process of making a claim with confidence. If you believe you have been a victim of medical negligence, don’t hesitate to contact Phoenix Solicitors for expert guidance and support.
If you would like more information contact our expert team for specialist advice on ab@phoenixlegalsolicitors.co.uk or call 0151 306 3694
ab@phoenixlegalsolicitors.co.uk 0151 306 3694