The Importance of Medical Negligence Litigation

The right to safe medical care

There is an organisational responsibility on the part of healthcare providers to deliver safe medical care and treatment to patients.

Whilst accepting that honest mistakes can happen, it is the right of those harmed by the provision of substandard medical care to have their concerns independently and rigorously investigated by medical negligence lawyers in the pursuit of securing compensation.

In successful cases where negligence has been established, the money awarded will help to ensure that the injured Claimant party is mitigated in respect of any loss incurred by the harm inflicted. It is estimated that medical negligence claims cost the NHS more than £2 billion last year.

But not all mistakes made by healthcare professionals will actually amount to negligence.

What Are Medical Negligence Claims?

Of a staggering 300,000 enquiries relating to healthcare encounters last year, just 13,000 medical negligence cases were brought against the NHS and only 7,000 of those cases settled successfully with compensation paid.

To even have a viable case, four key elements must be proven:

• The presence of a professional relationship between the medical provider and the patient (duty of care).
• Evidence of the provider’s failure to adhere to the standard of care (breach of duty).
• Confirmation that the breach resulted in harm that would not otherwise have been incurred (causation).
• That the patient suffered quantifiable harm as a result of the breach (Damages).

It is only when all four factors can be established that litigation can be pursued.

Should You Bring a Claim?

Legal representation in the investigation of adverse clinical outcomes is therefore fundamental to 1) knowing whether someone has a claim and 2) accessing justice.

Indeed, pursuing a medical negligence claim is invaluable for patients to properly understand what went wrong. One reason for this is the notion that “The health service cannot be trusted to investigate itself as it places reputation above all.” (writes Dr Anthony Barton).

It follows that as long as the NHS continues to place its reputation above investigation, there is a need for medical negligence litigation.

Litigation uncovers truth, drives patient safety and improvement, raises professional accountability, and ensures that victims of medical negligence receive the compensation they deserve. Without it, there would be no meaningful reflective learning on mistakes by healthcare providers, and patient safety will continue to be compromised.

How can Irvings Law help you?

Here at Irvings, we have a dedicated team of specialist medical negligence solicitors who would be happy to discuss how we can help you and your

family. We will be on hand every step of the way to offer both assistance and our expertise. We will fight to secure the maximum amount of compensation needed to meet your needs.

If you are seeking free, confidential initial advice from experienced clinical negligence solicitors (on a ‘No Win, No Fee’ basis), contact Irvings Law on 0151 475 1999 or alternatively via email at Clin.Neg@IrvingsLaw.com.