Medical professionals owe their patients a duty of care. In practice, this means they must provide treatment that meets the standard expected of a reasonably competent and skilled healthcare professional working in the same field and circumstances.
However, not every instance of poor treatment results in a valid medical negligence claim. Importantly, negligence alone is not enough. To succeed, the substandard care must have caused avoidable harm.
Although a medical professional may act negligently, a compensation claim will only succeed if that negligence causes injury.
By way of comparison, a driver who runs a red light acts negligently. Nevertheless, if no accident occurs and no one is harmed, there is no basis for a compensation claim. Similarly, a doctor may make a mistake or deliver care below the accepted standard, but if the patient’s health is unaffected, a claim will not succeed.
In contrast, where all three elements are present, a duty of care, a breach of that duty, and avoidable harm caused as a result, compensation should be awarded.
To establish a successful claim, the following must be proven:
Only when all three elements are satisfied can a medical negligence claim succeed.
Some medical errors are so serious and preventable that the NHS accepts they should never happen. These are known as Never Events.
Examples include:
Where a Never Event results in injury, establishing liability is usually far more straightforward.
If the error is not classed as a Never Event, further investigation is required. In these cases, we will:
If the expert confirms a breach of duty, we will then obtain a further report on causation, which examines whether the negligent care directly caused the harm you suffered.
Only when both breach and causation are supported by expert evidence will a claim proceed.
Medical negligence claims can feel complex and overwhelming. Nevertheless, this is an area we have advised on successfully for many years. Above all, we take the time to listen carefully to your experience and explain, clearly and honestly, whether we can help.
Our NJS Law Medical Negligence Specialists are experienced, compassionate, and committed to achieving the best possible outcome for our clients.
If you believe negligent medical care has caused you avoidable harm, please contact us for advice. We are here to help you understand your options and take the next steps with confidence.
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