What is Medical Negligence?

Medical professionals owe their patients a duty of care, and if the care provided is substandard or unreasonable, negligence may have occurred.

To pursue a medical negligence claim, the claimant must demonstrate that the following conditions have been met:

1. Duty of Care: The healthcare provider must have a duty to care for the patient. In most cases, this is straightforward, like when a doctor treats a patient.
2. Breach of Duty: The provider must fail to meet the standard of care. This could mean missing a diagnosis, giving incorrect treatment, or making a mistake during surgery.
3. Causation: The breach must directly cause harm or injury to the patient. For example, if a doctor misdiagnoses a condition and this leads to worsened health, that’s where negligence comes in.
4. Damages: There must be actual harm, whether it’s physical injury, emotional distress, or financial costs due to the mistake.

Examples of Medical Negligence

Here are a few common examples of medical negligence:

• Misdiagnosis or Delayed Diagnosis: If a doctor fails to identify a condition like cancer early enough, it can result in worsened outcomes for the patient.
• Surgical Errors: Mistakes made during surgery, such as operating on the wrong site or leaving surgical tools inside the patient, are forms of negligence.
• Medication Errors: Giving the wrong medication or incorrect dosage can have serious consequences.
• Failure to Monitor: Not properly monitoring a patient’s vital signs after surgery, leading to avoidable complications.

What Happens After Medical Negligence?

When someone is a victim of medical negligence, they may seek compensation for their injuries through a legal claim. Compensation can help cover medical expenses, lost wages, and pain and suffering caused by the negligence.

However, not every poor outcome in medicine is considered negligence. Medical procedures involve inherent risks and sometimes things go wrong despite the best efforts of healthcare professionals. In such cases, a medical expert may be needed to evaluate whether negligence is present and whether the injury was caused by it.

To prove negligence therefore, there needs to be clear evidence that the healthcare provider did not meet the expected standard of care.

Conclusion

Medical negligence is a serious issue that affects patient safety and trust in the healthcare system.

By understanding what constitutes negligence, patients can better advocate for themselves and know what to expect from their healthcare providers.

While mistakes can happen in any field, when it comes to healthcare, the consequences can be life-altering.

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.