Fullerton
Medical negligence in the UK is also referred to as clinical negligence. This type of case can be complicated and therefore often takes a year or more to pursue. To prove this type of claim, a solicitor must show that a medical professional is guilty of a breach of duty that led to harm and suffering. This type of outcome is also defined as avoidable causation.
A Full and Thorough Investigation
To make sure that you receive the money you deserve, a solicitor specialising in medical negligence in Middlesbrough will conduct a full and thorough investigation. The investigation and collection of information will include the following:
- Recording detailed statements
- Having an exam performed by an independent medical professional
- Receiving copies of the patient’s medical files
- Seeking expert medical opinions
- Obtaining scans or x-rays as required
Sometimes a Court Appearance Is Required
These steps need to be taken for a successful outcome. The nature of the negligence must be considered as well. By working with a legal professional, however, you can take a course of action that is organised and well-managed. In some cases, the claimant may need to appear in court. That is why you need to make sure that you have a qualified legal advocate on your side.
What Can Happen
When you make a claim for medical negligence, be aware that some organisations may pay a claim but may not want to admit to full liability. If this happens, a solicitor can assist you with the best way to proceed.
What Is Required to Show a Breach of Duty?
When a breach of duty is experienced, the following must be proven:
- He or she owed a duty of care that was designed to protect the patient and would not lead to injury.
- A breach of duty occurred.
- The breach led to injury or harm.
- Damages and losses resulted from the breach.
Therefore, each of the four elements must be assessed carefully in a medical negligence case. Not only must the claimant and solicitor show that the health practitioner failed to meet a reasonable standard of care but he or she must also prove that the failure either contributed to injury or harm or significantly affected the outcome.
Where the Burden of Proof Lies
For a litigant to receive compensation, the solicitor must show that the breach of damage did indeed lead to an injury. Therefore, the burden of proof in a medical negligence case is on the claimant. The standard of proof used in this regard is based on probability. Therefore, the court must consider the degree of negligence as it applies to the defendant.
Areas Covered Under Medical Negligence
Medical negligence can include negligence as it applies to administering medicines, performing surgeries, or deciding on a treatment plan.
