Medical Negligence

Medical negligence is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient.

Medical negligence claims may be made against both public and private hospitals, clinics, GP surgeries and, other health care establishments.

Medical negligence claims may be made for instance, a misdiagnosis, or an incorrect medication or drug which has been prescribed, or where operations or surgical procedures have gone wrong.

The 4 crucial points

1. A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
2. A duty was breached: the provider failed to conform to the relevant standard of care. The standard of care is proved by expert evidence or by obvious errors.
3. The breach caused an injury: The breach of duty was a cause of the injury.
4. Damages: Without damages (losses which may be monetary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent.