CLINICAL NEGLIGENCE LAW

Clinical Negligence Law

Healthcare professionals do sometimes fail in their duty and make mistakes that could have been avoided. There are times when members of the medical profession are liable under clinical negligence law to pay compensation for injuries suffered by their patients. There is considerable misunderstanding on the part of the public as to exactly when a doctor’s care falls below an acceptable standard sufficient to justify legal action It must be stated that merely because a treatment failed or because a patients condition worsens after treatment or in cases where a patient dies after receiving treatment, it does not necessarily mean that the doctor was negligent. Nor is a doctor necessarily negligence if there is more than one possible cause of treatment and the wrong one is selected.

The Bolam Test

Under current clinical negligence law a healthcare professionals behaviour is not judged by any absolute standards but is compared to that of other similarly qualified professionals acting in the same medical field, in a similar location and at about the same time. This means that provided that a number of other competent doctors would have chosen a similar course of action, a doctor is not likely to be liable in negligence, even though another body of similarly qualified doctors may have chosen another, more successful, form of treatment. This is known as the rule in ‘Bolam v Friern’ however this rule is tempered by a further qualification that even though a body of the medical profession may support the failed treatment such treatment must in addition be a logical form of treatment for that particular illness.

Proof Of Injury Required

In addition it is necessary to show that the healthcare professional owed a duty of care to the patient and the normal doctor/patient relationship should take care of that requirement. Obvious as it may seem it is also necessary to prove that the patient suffered injury due to the treatment which is not always easy as the patient was already ill at the time the treatment commenced however this is usually dealt with by expert evidence.

Time Limits

The Limitation Act 1980 is effectively part of clinical negligence law. Essentially this statute is concerned with time limits relating to the latest date at which a claim can be made following an error made by a healthcare professional. Making a legal claim for financial compensation for personal injury may not be the first thing on your mind immediately after you have been the victim of a medical mistake but nonetheless you will not want to have run out of time as and when you decide to take action.

Three Years?

The time limitation for taking legal action is typically three years from the point that the mistake was discovered and in some cases where mentally ill patients or children are involved there may be considerably longer periods of time available. The time does not start running in the case of children until they reach the age of 18 years and time does not start running for the mentally incapacitated until mental capacity has returned – allowing for a recovery to occur first before any penalty for any delay in taking action.

Free Legal Advice

We offer free legal advice on your potential claim without any further obligation. We may be able to confirm at an early stage whether or not you have a viable claim and the anticipated damages that you might expect to receive. If after talking to us you decide to proceed no further then that is your right and you will not be charged for our initial advice. If you would like to take advantage of a telephone discussion about your case with a member of the Law Society panel of medical negligence experts just complete and send the contact form and a specialist solicitor will call you as soon as possible.