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Clinical Negligence - Legal Test
In order to succeed we have to prove on the balance of probability that the medical treatment was negligent in that the treatment, by act or omission, fell below a reasonable standard when judged by a responsible body of medical opinion and that this caused identifiable, additional injury.
Consult a solicitor who specialises in medical and clinical negligence claims.
Put another way, if the treatment, whilst not being of a high standard, still fell within the range of acceptable treatment then it would not amount to negligence. Further, if the treatment was negligent but no additional injury can be linked to that negligence then the claim will fail.
A claim may also be founded on the basis that there was a failure to obtain consent or informed consent to medical treatment. It is a fundamental principle that a patient should be informed of the nature of proposed treatment, warned of any inherent risks and of any relevant alternatives.
It is usual for a Consent Form to be signed identifying the proposed treatment, the intended benefits and main risks; that Form is usually supplemented by oral advice which is not documented and which is therefore harder to prove. To succeed in such a claim we would have to ascertain the nature of advice given, that the extent of that advice fell below accepted medical practice and, crucially, that had the correct advice been given the patient would not have proceeded with the treatment in any event. This is a more difficult basis to succeed upon as one is always looking at a procedure where something has gone wrong and of course, with the benefit of hindsight one is almost bound to say that had they known of the possible outcome they would not have taken on the risk and one is left to establish that position against the fact that the patient is likely to have had significant prior symptoms.
More information
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Dorset law firm Coles Miller has launched a new specialist Cycle Accidents Division as part of their expanding Personal Injury Department.
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Coles Miller Solicitors LLP are pleased to announce that solicitor, Katie Richards, joined the firm’s Clinical Negligence team in Poole on Monday 8th June.
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Personal Injury Solicitor, Bran Parsons, who recently served in Afganistan as a member of the Reserve Forces (TA) was welcomed to No 10 Downing Street, by the Prime Minister, Gordon Brown.