If you’ve been on the wrong end of substandard medical treatment, then you might be tempted to take legal action against the individuals, and organisations, responsible for it. Medical negligence is an important and well-travelled area of law, which means that those considering it can often get a good idea of what to expect before seeking legal representation.
Let’s take a closer look at medical negligence, what it means, and what it does.
Defining Medical Negligence: The Legal Framework
Medical negligence occurs when a healthcare provider fails to meet their duty of care, and this failure leads to measurable harm. Crucially, those prosecuting a claim of medical negligence will need to demonstrate that the standard of care fell below that which would have been provided by a competent member of the profession.
Key Elements in Proving Medical Negligence
For a claim to be successful, the claimant’s side will also need to demonstrate several other things. Specifically, it will need to be proved that the duty of care existed in the first place, what caused the failure, and the damages that should be rewarded.
Evidence usually comes in the form of documentation from the healthcare provider and the claimant, photographs, and testimony from expert witnesses, often paid for by the solicitor making the claim.
Common Examples of Medical Negligence in Practice
Medical negligence comes in many forms. A disease might be misdiagnosed, causing the patient to be prescribed the wrong treatment. This means that not only will the patient have to suffer the side effects of the wrong treatment, but they’ll also be delayed in receiving the right treatment. Errors at the pharmacy can also cause the wrong medicine to be dispensed, which, in many cases, can be disastrous.
It’s also worth thinking about surgical error, which can lead to lasting damage to the patient. A surgeon might perform the wrong procedure, for example, causing the patient to suffer considerably in a way that would have been avoided if the right procedure had been performed.
Legal Insights: Recent UK Cases and Developments
A recent case in the UK saw a Nottingham doctor convicted of manslaughter on the grounds of gross negligence, and handed a twenty-four-month suspended sentence. The death, in this case, was a result of computer failure and human incompetence. In this case, the doctor in question confused a patient with another patient and gave the order not to resuscitate him – though, since it was ruled that this did not contribute to the death, this was not used in evidence.
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