Clinical negligence claims, otherwise commonly referred to as medical malpractice claims in the United States, involve patient’s filing suit against a medical professional following substandard treatment. The term “clinical negligence” is often used in the context of medical malpractice related claims in the United Kingdom. Clinical negligence claims involve similar legal elements required in medical negligence claims in the United States, at least on a general level. In order to determine one’s specific legal rights following a perceived instance of medical professional negligence, consult with a medical malpractice lawyer or clinical negligence solicitor as soon as harm and other damages have been discovered.
First Element: Prove Duty of Care Owed
Once a patient enters under the care of a medical professional, that medical professional is required by law to provide medical treatment and evaluations at a defined level of proficiency, often referred to as the standard of care. An important element of any medical negligence claim will require a patient to prove that a doctor-patient relationship existed and that the doctor owed a patient a duty of care.
Second Element: Prove Breach of Duty of Care
The most critical element a patient must next prove is the existence of negligence, or that a doctor provided medical care that was below the standard of care required in a given situation. What this means is that if a doctor fails to provide treatment per the applicable standard of care, he or she has breached the duty of care owed to the patient, thus committing professional negligence.
Third Element: Prove Proximate Cause
As part of every medical malpractice lawsuit, a patient must prove that the medical negligence, or breach of duty of care, was the proximate cause of injuries and other damages that a patient is seeking compensation for via his or her medical negligence claim. This may require the use of a medical expert witness to testify about the medical implications of a given instance of negligence.
Fourth Element: Prove Damages
Finally, a patient must record and document damage claims, which ultimately are defined in a set dollar amount of compensation that a patient is demanding from the liable and negligent party. These can include economic damages, non-economic damages, and punitive damages in certain cases.
Getting Legal Help with Clinical Negligence Claims
In brief, a patient must consult with a medical malpractice lawyer or some form of clinical negligence solicitor, if in the United Kingdom, in order to determine his or her exact legal rights, including whether the elements of one’s case actually constitute grounds for a viable clinical negligence claim.
