Hugh James

Do I have a claim?

 

Do I have a claim?


In order to succeed in a clinical negligence claim you need to prove, on the balance of probabilities, that:

It is necessary to prove both of the above or else a claim for clinical negligence can not succeed.

 

Breach of Duty

It is necessary to prove that the health professional treating you, be it a hospital consultant, general practitioner, nurse, dentist or midwife, has not demonstrated a reasonable standard of skill and care in relation to the medical treatment that they provided you with.

The medical treatment that you received will be judged against that of a competent medical practitioner of the speciality that treated you. For example, if you were treated by an orthopaedic surgeon then his or her treatment will be compared to that of a reasonably competent orthopaedic surgeon practicing at the time that your treatment was provided.

If the medical professional has acted in accordance with a responsible body of medical opinion – even if that opinion is in the minority - then the treatment will not be deemed negligent.

Whether or not the treatment is below a reasonable standard is an issue for a medical expert. We will obtain a medical report from an independent expert of the same speciality as the clinician that treated you. He or she will review your medical notes and records and, possibly examine you, and provide their opinion as to whether or not your treatment was performed with a reasonable standard of skill and care.

 

Causation

Even if you can establish that the treatment you received was negligent, you must still be able to prove that as a result of that specific treatment you have suffered an injury or that your condition has worsened in some way.

That is also an issue for an independent medical expert.

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