The term ‘medical negligence’ refers to a situation in which a person suffers harm or injury due to negligent care, or error in treatment, by a medical professional. All medical professionals – whether doctors, nurses, anaesthetists, lab workers, physiotherapists or any other professionals – are duty bound to take care of their patients.
For a Successful Claim
In order to be awarded damages in a medical negligence claim, the patient or his family should successfully prove that the doctor (or healthcare professionals) had a duty to take care of the patient and not cause harm or injury to him; the medical negligence breached that duty to take care of the patient; the patient has been harmed, injured or traumatised due to the negligence or error; and that the patient has suffered damages, or loss of any kind due to this.
Breach of Duty
While it is easy to prove that the doctor was duty-bound to care for the patient, the next step is a bit harder. The patient (or his legal team) has to prove that the doctor was negligent during his treatment of the patient, and that his standards of treatment or caretaking went below the common standard for professionals in that field. In cases where patients undergo treatment at private clinics or hospitals, the doctor can be sued for breach of contract if he promised certain results which failed to materialise after the treatment. In some cases, the negligence aspect can be very clear, like when surgical instruments are left inside the patient’s body, or when the surgeon amputates the wrong limb by error.
Effects of Breach of Duty
After proving that there was a breach of duty, the patient’s solicitor must also prove that the medical negligence caused harm, injury and trauma to his client. Some kinds of negligence can be proved more easily, while some others cannot. In some cases, injury can be proved easily, but it is difficult to prove that the patient suffered from mental or psychological trauma due to the error. Then, the solicitor proves that the patient has suffered damage from the negligence. This damage could include physical injury, psychiatric injury and even financial trouble due to the negligence. Any psychiatric injury should be recognised medically and by the court (Eg., Post Traumatic Stress Disorder), and the patient or his family cannot be compensated for grief or emotional upset.
Liability and Compensation
The burden of proof, or the burden of proving negligence, rests upon the claimant. The doctor, nurse or medical professional attending on the case is liable for any negligence that occurs. In addition, the hospital or clinic may be liable too. If the medical professional is an employee of the health service, then the health authority or trust is liable.
