Clinical negligence encompasses a wide range of situations where healthcare professionals fail to meet the expected standard of care, resulting in harm to the patient. It can occur in various medical settings, including hospitals, clinics, and general practitioner (GP) offices. Common examples of clinical negligence include misdiagnosis, surgical errors, medication mistakes, and inadequate patient care.
Legal Foundations
The legal landscape surrounding clinical negligence in the UK is complex but designed to ensure accountability and justice for patients. Several key elements must be established to pursue a successful clinical negligence claim:
Duty of Care: Healthcare professionals owe a duty of care to their patients, and this duty must be established in a specific patient-doctor relationship.
Breach of Duty: It must be proven that the standard of care provided fell below what a reasonable and competent healthcare professional would have delivered.
Causation: There must be a direct link between the breach of duty and the harm suffered by the patient.
Damages: The claimant must demonstrate the extent of physical, emotional, or financial harm resulting from the clinical negligence.