How do you prove clinical negligence?

This blog was written thanks to the expertise of our team, including Alex Cohen, Philip Cohen and Steven Akerman, leading experts in compensation claims for chronic pain and serious injury.

What is clinical negligence?

Doctors can be life savers. However, unfortunately, sometimes things can go very wrong. If a doctor or health professional is negligent when giving you medical treatment, this is called ‘clinical negligence’.

Doctors and healthcare professionals have a duty of care to their patients. If the standard of care falls below what is considered to be the accepted standard, then negligence occurs as the duty of care from the doctor to the patient has been breached.

If, as a result of this breach of duty, the patient suffers injury or loss, whether by misdiagnosis, delay in diagnosis or mistreatment, one may be entitled to compensation. Where the carelessness has been so severe that it is judged to be ‘gross’, the doctor may be subject to a charge of criminal negligence.

 

What is the impact of clinical negligence?

The effects of clinical negligence are varied, with each case having its own set of unique circumstances. In some cases, the damage done is relatively minor and is quickly resolved. However in more severe circumstances, the patient can be left with life-altering injuries and therefore it is important to ensure you get compensation for the negligence.

 

How do you prove clinical negligence?

If you believe you have been affected by clinical negligence, and that your life has been significantly impacted as a result, we will assess your case and instruct medical experts whose opinion will help determine whether negligence occurred and if so, the effect of any such negligence.

There are three key things that we will look at:

  1. That the Defendant owed the Claimant a duty of care – this is generally the case in a claim against a medical professional;
  2. There was a breach of the duty – i.e. the standard of care provided was below the accepted standard and therefore negligence occurred due to carelessness; and
  3. Causation, e.g. the breach of duty caused injury and loss

Brian Barr are specialist solicitors who deal with clinical negligence and personal injury cases. We therefore know how to investigate your case in detail and prove that you would not have suffered the injury but for the negligence of the medical professional(s) involved. Due to the nature of our practice dealing exclusively in this area, we have close connections with a variety of medical experts, and will ensure that we engage with the right expert who has the specialist knowledge of the area of medicine relevant to your case, such as psychologists, gynaecologists or oncologists, and will always work hard to ensure that you are compensated for what you have lost due to the negligence.

 

 

If you are suffering an injury due to clinical negligence or suffering from fibromyalgia, CRPS, or any chronic pain condition as a result of an accident that was not your fault, and even if you have an existing claim, get in touch with Brian Barr Solicitors to see if we can assist. It is simple and hassle free to move your claim to Brian Barr Solicitors who are experts in dealing with chronic pain litigation. Call us today on 0161 737 9248 or visit our website (www.brianbarr.co.uk) to find out more.

We do not endorse any research, studies or sources mentioned within our blogs and comments. The blog is for information purposes only as we are not medical professionals. We do not endorse any medical advice provided and would strongly recommend anyone seeking medical advice to contact their local healthcare provider before any changes to treatment and / or management of your condition is undertaken.

To learn more about our success stories, and get the legal support of leading specialists in the field, call us on 0161 737 9248.

Meet the team

Steven Akerman

Steven Akerman

Personal Injury Solicitor &
Director, Brian Barr

Alex Cohen

Alex Cohen

Personal Injury Solicitor &
Director, Brian Barr

Philip Cohen

Philip Cohen

Director, Brian Barr

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