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Definition of clinical negligence

To be successful with a clinical negligence claim it is necessary to prove two distinct tests:

1. The Duty of Care
In all areas of life, we expect things to be done properly, and medicine is no different. We expect doctors and medical staff to treat us with a reasonable standard of care according to their professional skills. This is called the duty of care. Where your care falls below this standard, there may be a breach of this duty.

2. Damage
It’s not enough just to show that the treatment wasn’t up to standard. We must go on to prove that, as a result, injury has been caused which would not otherwise have been. There has to be a link – what lawyers call causation.

An independent medical expert will probably be appointed to provide a medical report to help prove these two issues. 

 

If you or a loved one have been affected by potential medical negligence, our solicitors can provide advice in relation to your claim, call us on 01616 966 229 or complete our online enquiry form and a member of the team will contact you to discuss your situation.

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Clin neg staff reorder

  • Louise Griffiths
  • Judith Thomas-Whittingham
  • Tom Mooney
  • Laura Sheehan
  • Claire Stockley
  • Jamie Cruickshanks
  • ​Carla Duprey
  • Sarah Masters
  • Laura Owen
  • Matthew Wan
  • Pam Thompson
  • Justine Wright