Different Aspects Of Medical Negligence Law

Medical negligence is defined in Medical Negligence Law as any act or omission which does not come up to the standard that is expected by a reasonable person. It must be proved that whatever the physician or health care provided did or did not do was below the standard or reasonable competency of a doctor in that particular field of medicine.

A doctor or health care provider can defend him or herself by proving that most reputable doctors in the same field have used the same method and would do so again. If a claim of medical negligence is filed, a judge will hear evidence from both sides as well as from experts in the field and decide if the correct standards were met.

Medical negligence law requires the following:

• A doctor, nurse or other medical care provider owes a duty to a patient to care for the patient's wellbeing. This is easy to prove

• The person or family who claims negligence must prove that the doctor was at fault

• The claim will be proved on a balance of probabilities based on the reasonable standard

• It must be proved that the negligence actually caused the death or injury of the patient

There are several reasons that negligence compensation can be claimed by a patient or by his or her family. They include:

• Physical and psychological suffering that is either immediate or chronic due to the negligence

• Loss of any physical ability

• Unable to pursue their normal lifestyle

• The injury restricts the patients work opportunities

• Loss of income both past and future

• Medical care costs that derive from the negligence including prescription drugs

• Payment for extra help needed by family and friends • Expenses incurred because of making the negligence claim

A doctor, hospital or health care provider will have several defences against a negligence claim:

• There is a time limitation of three years when a person may make a negligence claim. If they do not do it within that time, their right to make a claim will be lost. In certain cases regarding children and the mentally disable, the time limit may be extended

• Rarely, but in some cases, if the patient or his or her family has signed a consent form, blame may be absolved. This is rarely used because a consent form stipulates reasonable performance and does not consent to negligence

• If a patient fails to follow post care instructions and subsequently suffers harm, then the patient will be held partially responsible

In the UK, according to the law, medical negligence disputes can be resolved through the courts or through negotiation. The Ministry of Justice provides a pre-action protocol that encourages patients and health care providers to have a more open culture and settle any disputes without resorting to legal action. The protocol gives general guidelines for exchanging relevant information in a timely fashion and becoming aware of the options available for settling medical negligence claims.