Judging whether your medical treatment was negligent can sometimes be difficult. Often patients are told that treatment is a journey and that they should expect bumps in the road. But this does not protect medical professionals who fail to provide a reasonable level of care expected of clinician in their field.
To succeed in a medical/clinical negligence claim negligence you must prove all three elements of the following legal test:
That the treating clinician, doctor, hospital or treatment provided owed you a duty of care.
That there was a breach of this duty of care. You must prove that, by act or omission, the medical treatment fell below a reasonable standard when judged by a responsible body of medical opinion in that field of medicine.
This breach of duty of care has, on the balance or probabilities (over 50%), caused or materially contributed to additional identifiable injury & loss. This is known as the legal principle of ‘causation’.
The treatment provider will have a defence if they can show that they acted in accordance with accepted practice in that field at the time of treatment, even if other clinicians may have done things differently.
We cannot judge clinicians with the benefit of hindsight or apply unreasonably high ‘gold’ standards on them. The legal test is based on reasonable standard across the UK at the time the treatment was carried out.
Damages are not awarded in the UK to punish a Defendant for negligent treatment. They are awarded based on additional injuries suffered in consequence of the negligent treatment. If the negligence has not made a difference to the outcome, then the claim will not succeed.
A claim can also be based on the failure to obtain consent (or informed consent) before carrying out medical treatment. It is a fundamental principle that a patient should be informed of the nature of the proposed treatment, warned of any inherent risk and told of relevant alternatives.
To succeed in a claim, we have to prove that:
the advice was given
the advice was below accepted medical practice
had the correct advice been given, the adverse outcome would have been avoided or less severe
How much compensation can you claim in a clinical negligence case? Find out in this video....
For David Simpson, Partner and Head of the Medical Negligence Department:
“It is so refreshing dealing with a firm of such honesty and integrity. I would certainly have no hesitation in recommending Coles Miller to my friends and family.”
For Lydia Barnett, Partner:
“After undergoing surgery I was left infertile. I had my initial consultation with Lydia in which she made me feel completely at ease. She understood the physical and psychological implications of my claim. These types of claims can take a long time and I was concerned it would have a big impact on my life. Lydia has always been professional, honest and thoughtful and contacted me only when required. She always got back to me quickly when I have had questions. I cannot recommend Lydia and Coles Miller enough.”
For Lydia Barnett, Partner:
“Lydia, I cannot thank you enough for all your hard work and expertise supporting us with getting to where we are now. we will be forever grateful to you. Without your help I'm not sure where I would be now. It's been a particularly tough time for us , but all your help, empathy and support has meant so much.”
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