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Claim For Medical Negligence

A medical negligence action is a claim for compensation. A medical compensation claim is brought when a person has suffered injury as a result of doctors, nurses or other medical staff doing something they should not have done. It also includes situations when medical staff have failed to act when it was necessary, for example, as a result of an incorrect diagnosis.

Medical negligence compensation is not used to punish or discipline the doctor or nurse in question or as a means to change hospital practices. It is designed to obtain compensation for injury, which has been brought about by medical negligence.

In order to bring about a successful medical negligence compensation claim, solicitors need to be in a position to establish the following:

The existence of a duty of care between the doctor and the patient
The breach of that duty
The damage that has been caused by that breach

In order to establish a breach of duty, the individual who is claiming must provide a substantial amount of relevant proof on which to base the claim. It is the responsibility of the client to supply proof of the events that occurred, how it happened and the effect it had on them. The solicitor will have to show that the standard of care provided to the patient has fallen below a reasonable standard and that no reasonable Doctor would have behaved in the same way. This is called negligence.