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So, you have to prove that but for the medical negligence you would have been in a better position.

What is often difficult to understand is the fact that, whilst there may have been a breach of duty, it does not necessarily follow that that has caused any harm; i.e. the patient would have been in the same position even if the medical professional had not breached their duty of care.

The aim of compensation for Medical Negligence Claims is to put the victim back into the position they would have been 'but for' the medical negligence.

Clearly the victim of a medical accident cannot turn back the clock either physically or psychologically; under UK medical law any compensation awarded in a Medical Negligence Claim is intended to cover the financial losses incurred both in the past and also those that will arise in the future.

If your Medical Negligence Claim is successful, you will also be awarded a sum to compensate you for the injury itself.

Our Lawyers are all experts in Medical Negligence law and have dealt with hundreds of Medical Negligence Claims. They will be able to explain the law relating to Medical Negligence Claims to you in a clear and concise manner and will guide you though your Medical Negligence Claim.

Our Medical Lawyers are able to conduct your claim on a No Win No Fee basis, or, in qualifying cases, with the benefit of Public Funding (formerly Legal Aid).

If you think you have been the victim of negligent medical treatment, contact us today to discuss your claim with a Specialist Medical Negligence Lawyer.

Medical Negligence Claims law is complicated.

The law stipulates that are three ‘hurdles’, so to speak, that must be overcome before a Medical Negligence Claim is successful.

Duty of Care

The first ‘hurdle’ is known as ‘Duty of Care’. The question to be asked is: Did the alleged negligent party owe you a duty to take reasonable care to avoid any harm to you? If that question can be answered in the affirmative, the first hurdle is overcome. Fortunately, in Medical Negligence Claims, this question is almost redundant; it is well known that all medical professionals owe a duty of care to their patients.

Therefore, the issue of duty of care does not usually need to be addressed.

Breach of Duty

The second question to be asked when considering the liability of a medical professional is: did he/she breach their duty of care to you. That is, did the standard of care provided to you fall below a standard to be expected of a reasonably competent medical professional in the same situation.

It is a defence to any Medical Negligence Claim that the medical professional acted in a way that would be considered reasonable by a responsible body of medical opinion.

Causation

This issue is probably the most complex in a Medical Negligence Claim. It is also very often the area that a person finds difficult to understand.

If it is shown that the medical professional has breached his/her duty of care, that breach must have caused some injury. This injury can either be deterioration in their condition, an adverse outcome, or treatment that they would not have undergone had there been no negligence.

Download: Medical Negligence Claims Guide