What the Law Has to Say about Medical Negligence
Proving negligence in many working environments is relatively easy. If for example, you are a bus driver and you veer off the road into a crowd of people, having fallen asleep at the wheel, there will be little doubt in the eyes of the law as to who is to blame for the accident. The law as it applies to medical negligence, on the other hand, is far more nuanced and open to interpretation.
Do you have a case?
Although proving that a medical professional has behaved in a negligent manner may be more complicated that establishing blame in a road traffic accident, it is far from impossible to win a case in the United Kingdom if you believe you have been mistreated, in a literal sense of the word. Legal firms such as Mintons, which specialise in medical law, have had a great deal of success in the past, prosecuting cases for clients from all over the country. To find out what exactly the law has to say about medical negligence you can consult a firm like this or one of their competitors, most of which will provide an initial assessment of your case for free. However, if you would like a general idea of what may or may not constitute negligence before you approach a solicitor, read on.
Generally speaking, in order to prove that a doctor, nurse, surgeon or other medical professional has been negligent, you will need to demonstrate that they have taken unnecessary and easily avoidable risks with your health. This is normally achieved by comparing and contrasting the way that they treated you with established medical theory and practice as it pertains to the condition from which you were suffering. A simple example could involve failure to clean and dress an open wound that subsequently became infected.
Assessing damages
When a case is brought against a medical professional in the United Kingdom and they are found to have been negligent, damages are assessed by looking at the current condition of the patient, as well as their prognosis, and comparing it with what could have been expected if they had been treated in accordance with established best practices. This is an important point to bear in mind as you will not be awarded damages for suffering that would have occurred no matter what action a medical professional had taken. You will only receive compensation (in the event that negligence is proven beyond a reasonable doubt) for any suffering or physical injuries that occurred as a direct result of this negligence.
Seeking out professional advice
As mentioned earlier, there are a number of firms that specialise in medical law so it should not be hard to find a solicitor who is willing to give you their professional opinion on your case. The information in this article is provided purely to give people some idea of what to expect in the event that they make a claim for medical negligence and should in no way be constituted as professional advice or encouragement to take legal action.
About the Author:
Mintons Solicitors is a law firm based in Leeds that specialises in handling cases of clinical negligence. They have experience in representing clients with meningitis, sterilisation, and others.
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Category: Law
