MEDICAL NEGLIGENCE CASE LAW

The experienced individuals within our network of qualified solicitors have a range of specialist skills. The network solicitors know the value of their knowledge and how to work towards success throughout the litigation process. Our solicitors are familiar with the legal process and medical negligence case law.

To win a claim, it is important to carry out a thorough investigation before taking on a case. A solicitor working with a viable claim then devises a strategy to win the case.

Our solicitors work closely with a broad variety of experts in different areas of the health professions. Each particular case requires a different approach and a number of different experts are often used to give evidence for one case. This wide-ranging mix of expertise and contacts is a vital asset in the cases undertaken by solicitors in the network.

Everyone working in the health professions has a duty of care towards their patients. A health professional’s particular duty of care is dependant on their specialisation and position. Every doctor must exercise the normal level of skill of a competent doctor in his or her field. They must employ their skill in accordance with a responsible body of medical opinion. As a result of medical negligence case law it has been determined that a doctor is not negligent just because he or she treats a patient in a way that differs from another responsible body of medical opinion.

Errors of judgement are not necessarily negligent. There are many different standards and methods of treatment across the UK. There can also be more than one legitimate method of fulfilling the duty of care. These principles have been established over many years and are in the main enshrined in medical negligence case law.

At a trial, specialist medical experts give evidence for each side and the judge uses these testimonies to define a responsible body of medical opinion relevant to the particular case. However, where medical opinion cannot be logically supported, the judge has the option of rejecting evidence on grounds of insufficient reasoning.

After it has been established that a health professional was negligent because they did not act in accordance with a responsible body of medical opinion, the next step is to prove that this negligence caused the patient harm. It can be difficult to demonstrate the nature of the harm. For example, where a patient is receiving treatment because of established illness or injury, the solicitor has to show that harm was the result of negligence and not due to a previous condition.

In assessing whether the harm suffered is the result of negligence, the law takes into consideration what would have happened to the patient if the negligence had not been committed or if treatment had been unsuccessful for any other reason. Medical specialists or experts reviewing a case must assess whether negligence caused or contributed to the injury the patient suffered or whether the injury would have occurred anyway. This ascertains whether or not the negligence occurred.

If you would like to discuss your potential claim with an experienced clinical negligence solicitor, the network will give you free qualified advice without any further obligation. Complete the contact form and you will be given a call as soon as possible by one of the team.