Clinical Negligence is the negligent treatment provided by the health professionals like doctors, surgeons and other professionals given to the patients. Clinical negligence law is a subordinate topic of tort law. This law provides cure for the victims who have suffered pain and injuries. The clinical negligence law is developed on a case by case basis and might change over time.
The law facilitates the argument between the medical professional and the plaintiff/patient. It enables them to resolve the issues related to the loss caused by the negligence and the quality of care provided by the health care provider. This process is performed in courts.
A clinical negligence lawyer is required to give advice on such issues. The law society has established a group of solicitors who practice in this negligence field. The solicitors must follow the standards of the law society.
A plaintiff or the patient must identify 3 rudiments in order to file a case against negligence. These are duty of care, breach of duty and breach of duty caused losses.
The first element is the duty of care; the patient must declare that they were treated by a medical professional. This is an easy stage, which is widely accepted by law, in which the doctor provides patient a duty of care.
The second element is the breach of duty in which the victim declares that the doctor or the health care provider violated the duty of care. This task is difficult to administer, this is because the victim must show that they were treated poorly by the health care provider and that the professional did not provide the required care. He may pretend that the medical professional did not perform his duty with care and is incompetent to provide medical care. The plaintiff must document that more detailed evidence is required to prove the professional as incompetent.
The last stage is the caused losses that occurred due to incompetence. The petitioner must identify the injuries that were caused by the professional violation of duty of care. This is the most difficult stage, because it requires further medical evidence in order to support the case. The plaintiff can take help from earlier case laws to justify their facts.
The clinical negligence includes surgical complications, brain and spinal damage, birth wound and claims involving children, dental care, medication fault, lethal accidents, orthopaedic problems, cerebral health, contamination, medical ethics, and patient human rights.
The health care providers that can be held liable include privately funded hospitals, health practitioners, all medical staff and hospitals. The legal action must be performed within 3 years of time.
The professional can find expert witnesses in order to escape liability. Clinical negligence is a specialized field and is of high importance. You should ensure that your solicitor has specific knowledge and experience in this field. The solicitor should be competitive enough to deal with the defendant experts; only then your case will be successful.