Medical negligence typed on sheet of paper on a clipboard, gavel in the background

How is medical negligence established?

How is medical negligence established?

Medical negligence is a tricky thing to prove. Due to the crossover with medical malpractice, the law surrounding medical negligence is surprisingly complicated and tricky to unravel.

Fortunately, we have a dedicated team of medical negligence solicitors that are here to show you exactly what constitutes a case such as this.

What is medical negligence?

Medical negligence occurs when a doctor or medical professional performs their job but does not follow the standard accepted medical standard of care. More often than not, the negligence involves failing to do something, such as failing to take due care in your treatment and forgetting or omitting processes that have directly or indirectly been detrimental to you.

Note that medical negligence does not necessarily have to end in injury. For example, simply performing the job incorrectly and taking longer could be grounds for a claim of negligence. However, if there was no injury at the end of it, then it is unlikely to form the basis of a case for medical malpractice, and so the chances of compensation are lower.

Medical malpractice

When you make a claim for medical negligence, what you are doing is using negligence as a factor in deciding a medical malpractice case. Malpractice is like negligence but with the added factors of damages and compensation, as it can only be realistically engaged if you have been injured as a result of the medical professional’s negligence.

Cases of medical malpractice can vary immensely, as any deviation from standard practice that causes injury is enough for a viable case. More recently, claims based on informed consent have been accepted, where patients argue that they were not fully informed of the risks. These can be filed even if there was no actual mistake from the doctor.

Compensation for medical malpractice varies depending on the damage caused. In most cases, it falls to personal injury lawyers like us to try and define how much the malpractice will affect your life both now and in the future, and calculate a figure based on the severity of the effects.

Foys can help with your medical negligence claim

At Foys, our medical negligence team have experience in both negligence and malpractice, and they are waiting to help you piece your life back together again.

For more information on how we can assist your medical negligence or medical malpractice claim, fill out our Online Form or call your local Foys Solicitors office:

  • Doncaster – 01302 327 136
  • Retford – 01777 703 100
  • Worksop – 01909 500 511
  • Clowne – 01246 810 050
  • Rotherham – 01709 375 561
  • Sheffield (Waterthorpe) – 0114 251 1702
  • Sheffield (Chapeltown) – 0114 246 7609

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