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How do you prove clinical negligence?

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.

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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.

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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

Ronty Rhodes 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 cases, such as psychologists, gynecologists or oncologists, and will always work hard to ensure that you are compensated for what you have lost due to the negligence.

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