Medical Negligence

 See Dr A  or Dr B or my right wrist maybe?

  Doctors and nurses are generally regarded as providing excellent, caring service for their patients. Nevertheless, if you, or your spouse or child, have been injured by medical treatment, or if you are the dependant or child of a patient who died as a result of medical treatment, you are, at the very least, entitled to an explanation. In fact, a treating doctor is required by his governing body, the General Medical Council, to inform a patient when the treatment has gone wrong.    Where the injury or death was caused or contributed to by the breach of a duty of care committed in the course of the provision of clinical or medical services, including dental or nursing services, you and/or your child may be entitled to financial compensation for what is termed “clinical negligence”, formerly – and often still – described as “medical negligence”.    If you were treated as a private patient, and paid the doctor, either yourself or through your medical insurer, you may also be able to claim for breach of contract if your medical treatment was substandard.            

   Personal injuries, including brain damage and psychological injury such as nervous shock, or death can occur in all clinical specialities. 

       Doctors have been found negligent for, among other things, failed or delayed diagnosis, failure to warn of risks in treatment, failure to obtain proper consent to treatment, medication errors, careless surgical procedures, delayed referral to specialists. Negligence can also arise out of system errors in the hospital where the treatment took place. Most cases concern registered medical practitioners (doctors and surgeons).  New issues are constantly arising, for example, the retention of organs and tissues following post-mortems, use of unsterilised instruments, early failure of replacement hips, misinterpreted breast screening and cervical smear testing, liability for hospital-acquired infections. Clinical negligence can overlap with another area where litigation has expanded in the last two decades: consumer safety involving product liability for drugs and vaccines, for example, where a general practitioner is accused of administering an inoculation despite contra-indications. 

                                  To succeed in a clinical negligence claim you must prove, through the evidence of  medical experts qualified in the speciality concerned, that, on a balance of probabilities (ie,  it was more probable than not) (1)  that there were serious errors in your medical treatment which no competent doctor would have made and (2) that those errors caused, or materially contributed to, the injury you are complaining of. 


2 Responses to “Medical Negligence”

  1. tipswindows Says:

    Thanks for taking the time to explain this in a way thats so easy to understand.

  2. AlexM Says:

    I found your site on technorati and read a few of your other posts. Keep up the good work. I just added your RSS feed to my Google News Reader. Looking forward to reading more from you down the road!

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