What must be shown to succeed in a clinical negligence claim?

In order to succeed in a claim for negligence, the claimant needs to prove that:

The doctor or other healthcare professional owed a duty to take care of the claimant and not cause injury;
There was a breach of that duty to take care;
That the breach of duty has caused harm to the claimant; and.

Can a negligence case be a loss of chance?

Attempts to extend the loss of chance principle to causation in clinical negligence cases, however, have been met with little success.

What are the requirements for loss of chance claim?

There is no change to the basic requirement that a claim in negligence for loss of chance requires proof that the loss has been caused by the breach of duty and that the claimant has lost something of value

How to make a claim for medical negligence?

To make a successful compensation claim for medical negligence, a claimant needs to show the doctor owed them a duty of care; this duty was breached; and the claimant suffered personal injury as direct result of the breach.

Which is the most recent case of clinical negligence?

This is well illustrated in the recent clinical negligence case of XYZ v Portsmouth Hospitals NHS Trust [2011], in which the claimant was awarded approximately £5.8m for loss of earnings and business opportunity.

What happens if I win a clinical negligence claim?

If you win a clinical negligence claim you will only get financial compensation. If you want an apology, or other outcome, you can think about making a formal complaint. You have three years to make a clinical negligence claim. This is 3 years from when it happened, or 3 years from when you realised it happened.

Is the loss of chance principle applicable to medical negligence?

Attempts to extend the loss of chance principle to medical negligence cases, however, have met with little success. The House of Lords has twice refused to impose liability on a defendant accused of losing the claimant a chance of avoiding harm or injury.

Can a claim for loss of chance be successful?

both expert evidence and factual evidence is critical to successful loss of chance claims; speculative claims will not succeed; in the case of delayed treatment, a claimant who cannot prove that the negligence caused or materially contributed to a resulting injury may lose their loss of chance claim ( Hotson ). Article written by…

What are the chances of winning a medical malpractice claim?

What Are the Chances of Winning a Medical Malpractice Claim? A medical malpractice lawsuit can result in restitution for an injured patient’s medical bills, lost wages, pain and suffering, and other damages.