MEDICAL NEGLIGENCE LAW

UK medical negligence law is precise and complicated and is a field that moves rapidly in response to new medical practices, changes in other areas of the law and modifications in medical procedure. These cases need special handling by expert solicitors and lawyers. The success of any case depends on the claimant seeking help from an experienced solicitor who has a comprehensive understanding of all new developments.

This field of law relates to the complete range of medical practices. The most common claims are against surgeons, obstetricians and gynaecologists, general practitioners (GPs) and casualty staff, however claims are made against all clinical specialisations, including dentistry and nursing. The law acts as a means of justice for victims of clinical negligence when failures in medical services occur. It is designed as a preventative measure to protect patients from mistreatment, neglect and abuse. It can be interpreted in many different ways and interacts with a number of overlapping areas of law. The solicitor’s role is to use the law to help clients wrongfully mistreated by the medical profession to achieve justice.

Medical negligence law will support claims for mistakes in all areas of medical treatment where the error caused or contributed to injury or death of a patient. Claims can also be made against other forms of wrongful practice. These can include issues of cleanliness, such as harm caused by the use of unsterilised instruments, or a lack of proper care in the practice of post-mortems, such as retention of organs.

Misinterpretation of tests can also be a cause of medical negligence if the incident of error causes the patient harm. For example, a misinterpretation of a cervical smear test leading to failure to diagnose an illness, which in turn results in the illness becoming more serious. The misinterpretation is an act of clinical negligence and its victim would be entitled to compensation.

Health professionals are required by medical negligence law to ask for a patient’s consent for certain procedures, including many operations. Where consent for a procedure is not asked of a patient or not given by a patient when asked, the treatment is legally considered an act of assault. This type of assault is an act of trespass and grounds for compensation.

Health professionals have a legal responsibility to provide patients with appropriate information about the risks involved in a procedure requiring consent. The aim is to provide the patient with sufficient information to make an informed choice whether or not to have a particular treatment. In English law, failure to provide information is grounds for a compensation claim, although it does not make the medical procedure an act of assault.

If you would like to discuss your potential claim with an experienced clinical negligence solicitor, the network will give you free qualified advice.