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How do you prove Clinical/Medical Negligence?

 

Clinical Negligence cases are one of the hardest types of cases to be successful in. However, if you have suffered Clinical Negligence the impact can be devastating to you and your family and it is important that you seek specialist Legal Advice at the earliest opportunity.

In order to prove Clinical Negligence you have to prove 2 things:

1)      That the standard of care you received fell below that of a reasonably competent health care professional in that specific area of medicine (negligence)

2)      That you have suffered a physical or mental injury as a direct result of the negligent action (causation)

Sometimes it is difficult to know whether the harm has been caused directly by the clinical negligence or as a consequence of some underlying disease or illness.

For a claim to be successful you have to prove both negligence and causation.

You cannot claim compensation just because someone has done something wrong. You have to prove that this has caused you significant injury.

For example, you attend the A & E Department of your local Hospital on Thursday due to a suspected fracture to your ankle. You are given an x ray and told that there is no fracture but that you have suffered a sprained ankle which will take time to heal.

On the Saturday, you are still experiencing significant pain so return to the A & E Department and are given a further X ray which confirms that your ankle is in fact fractured.

Whilst it could be argued that the Hospital were negligent in failing to spot the fracture, the Hospital have not caused the fracture; therefore you can not prove the two elements needed to prove Clinical Negligence.

It is important that you seek specialist advice from an experienced Solicitor who can assess the matter at the first meeting and decide whether you may be able to pursue a claim.

At James Murray Solicitors our Clinical Negligence Solicitors have extensive experience in this area and we have a Consultant Solicitor who is also a Coroner, who will review complex cases and advise on the same.