Clinical Negligence and the Law

To establish that medical treatment was negligent, you have to prove the
clinical practitioner was negligent. The operative phrase you will see
used here is "on the balance of probabilities", which means showing that
the standard of care was below what was reasonably expected. Valid defence
often hinges on whether a treatment was in accord with the responsible
body of medical opinion concerning usual and customary for the diagnosis.
Even assuming you get beyond showing the standard of care was negligent,
the solicitor must prove that negligence actually cause the injury.
Building a case in regard to this is often difficult. The opposition will
claim that the injury arose from the illness and not the treatment but it is just like an accident claim and specialists are generally called in to argue for both sides.

The first action your solicitor will do in building your case, after
taking down your information, is to obtain your medical records and check
them. They will refer to their medical experts, often specialists in the
area, to analyze the information and determine if negligent treatment did
occur. If it did, specifics are identified and the damage the negligence
caused is determined. At that point, the solicitor will advise you on
whether you have a case, and if so, will start court proceedings.

Once court proceedings are started, many clinical negligence cases can be negotiated out of court. However, should need arise, they can at that
point proceed to full trial. In every step of the process, the law offers
recourse providing the solicitors can properly build and execute their
case.

Cases of negligence can occur in many areas. Some of the most prevalent
are: Cancer misdiagnosis claims, Cosmetic and plastic surgery compensation
claims, Drug claims (prescription, administration and dispensing), Brain
injury compensation claims, Birth injury compensation claims, Spinal
nerve injury claims, Claims covering rights to treatment, Pediatric Care
Claim, Orthopedic Claims, Hospital Infections, Eye Care Claims, and Dental
Negligence. This list is nowhere near comprehensive, but will give you an
idea of what areas are covered in this field. Your solicitor should have
experience in handling the type of claim you want to file, and be able to
advice you on whether you have a case. Once that is established, most can
be settled through negotiation.
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To establish that medical treatment was negligent, you have to prove the
clinical practitioner was negligent. The operative phrase you will see
used here is "on the balance of probabilities", which means showing that
the standard of care was below what was reasonably expected. Valid defence
often hinges on whether a treatment was in accord with the responsible
body of medical opinion concerning usual and customary for the diagnosis.
Even assuming you get beyond showing the standard of care was negligent,
the solicitor must prove that negligence actually cause the injury.
Building a case in regard to this is often difficult. The opposition will
claim that the injury arose from the illness and not the treatment but it is just like an accident claim and specialists are generally called in to argue for both sides.

Tags: accident claim, birth injury, brain injury, clinical negligence, compensation claims, court proceedings, injury compensation, medical experts, misdiagnosis, negligence cases, solicitor