Clinical Negligence

Clinical negligence, sometimes referred to as medical negligence, is where an act or omission by a doctor, nurse or consultant falls short of a reasonable standard.  In a clinical negligence claim it is necessary to show that what the medical staff did would not have been done by competent medical staff in that field of medicine or to show that what medical staff did not do would have been done by competent medical staff in that field of medicine. 

 

For example a competent doctor would only use sterilised equipment when examining a patient, so there may be a claim for clinical negligence if a doctor knowingly used unsterilised medical equipment instead and an injury, such as the patient developing an illness that they would not have had if the equipment had been sterilised, resulted.

 

However, there are usually several acceptable ways of carrying out a medical procedure and there is no negligence if an alternative method is chosen.  Medical staff can defend a clinical negligence claim if it can be shown that another doctor or consultant or nurse would have done the same thing.

 

 

Clinical negligence or medical negligence claims can include:-

 

•    Failure of clinicians to diagnose a medical condition;

•    Clinicians making the wrong diagnosis of a medical condition;

•    Errors during a medical procedure or operation that result in injury;

•    A clinician prescribing the wrong drug or medical staff giving an incorrect amount of a drug that causes complications;

•    Failure of doctors to get consent for a medical treatment;

•    Failure of a doctor or consultant to warn a patient about the risks of a particular treatment;

•    Birth injuries to a mother or child during childbirth as a result of clinical negligence such as failure to properly use or record a baby’s heartbeat, neglect or surgical errors.

 

 

Compensation for clinical negligence can include:-

 

•    Compensation for the injury from clinical negligence, which will depend on the severity of the injury;

•    Loss of earnings which may include future loss of earnings if you can no longer work;

•    Costs for future and ongoing care and/or rehabilitation needed as a result of the injury caused by clinical negligence, including any medical aids such as mobility aids which are required on medical advice.

 

 

To make a clinical negligence claim, claimants need to:-

 

•    Prove a duty of care on the part of the doctor, consultant or nurse.  All medical staff have a duty to patients to take care of their wellbeing.

•    Prove that the medical staff were at fault, e.g. they carried out a procedure that would not have been carried out by competent medical staff in that field of medicine, or that medical staff failed to carry out a procedure that would have been done by competent medical staff in that field of medicine.

•    Show that the clinical negligence resulted in injury.

 

Clinical negligence claims are generally run on a no win no fee basis.  Lawson-West solicitors offer a free initial consultation and will discuss all funding options so that we can run your clinical negligence claim on the most appropriate basis for you.