Four Elements Of A Medical Negligence Claim

There are many successful cases of medical negligence claims in the UK and the courts are also fair. If the initial due diligence of the case is done properly, and if we identify that you have a genuine case then we can go with full confidence to the court, which will make the other party and their insurance company take us seriously. Then they will either try to settle out of the court with a good compensation, or with the facts supporting your case, the court is also likely to rule in your favor.

Four Elements of a Medical Negligence Claim:

You have to establish the following four elements for a successful medical negligence claim.
1. A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
2. A duty was breached: the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors (the thing speaks for itself).
3. The breach caused an injury: The breach in medical standards or negligence in execution of service was a cause of the injury for which claim is being sought.
4. Damages: Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damages can occur without negligence, for example, when someone dies from a fatal disease.

Following is a recent example of genuine case that won compensation: A cancer patient was compensated for unnecessary organ removal after her bladder and reproductive organs were removed unnecessarily. She has been compensated with a six figure sum in a major judgment, which concluded that the patient should have been informed about alternative treatments. The court judgment means that doctors now have a clear duty to explain what options are available to patients.

In the UK, one can receive significant compensation for any serious personal injury. We are aware of multiple cases with compensation ranging between GBP 20,000 to GBP 500,000.

Recent injury compensation awards by the courts in the UK have clearly shown that the compensation will depend on the severity of the injury and its impact on the victim's life, as seen and believed by the court. Please note that not all injury cases get six figure compensation, and but it is also not uncommon to see six figure compensation for serious medical injuries.

Please note that not every personal injury solicitor has expertise in dealing with medical negligence claims, because these are complex and specialist claims, which need expert understanding of the medical practice. Therefore, you should select a solicitor with experience in a wide range personal injury claims, including your specific injury. A wider experience helps in advising on how to get personal injury compensation in the most effective manner.