Judging whether or not 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 the highest level of care.
To prove medical negligence or breach of duty we have to establish – on the balance of probability – that:
- By act or omission, the medical treatment fell below a reasonable standard when judged by a responsible body of medical opinion.
- This caused or materially contributed to additional injury.
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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 do you know if you have a valid clinical negligence claim? Find out in this video...
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