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Deciding If Clinical Negligence Is The Case
By Matthew Kerridge Published: 12/01/2009
A number of things can go wrong when receiving medical treatment. Complications can arise from treatment without anyone being at fault. In other instances, a mistake is made on the part of the clinician that could have been avoided. This is referred to as clinical negligence.
Clinical negligence comes down to two criteria as far as the law is concerned.
Proof that the clinician involved did not meet acceptable standards in your treatment. The standards are measured by skill of a competent professional in the same field. It has to be proven that no well informed competent member of that profession would have made the same error.
Many types of medical mistakes can be made. Was there something that should have been done and was not? Maybe they did something that they should not have done. Regardless, the standard remains the same.
The conclusions are made according to when the incident occurred. The clinician's actions are not considered negligent if the treatment was not known to be unsafe when it was administered.
It is important to note that the law realizes that there are going to be differing opinions in the medical field. With this in mind, a negligent action is one that no reasonable clinician would make.
For causation, the legal test of but for is used. There must be evidence to support that the damage done was a direct result of treatment of lack thereof.
A successful claim will only happen if these two things can be proven. Unsatisfying treatment is not considered negligence.
For those who have negligence claims filed against them, if they are employed by a hospital or clinical group, they will not be held responsible. The group can also not seek to recover costs from the clinician. The one, who pays, may not be the one who caused the injury. If the clinician owns their own practice, then they may be liable.
A time period for filing a negligence claim is three years. The three year period can start from the time that negligence is suspected to have caused the injury. There are special rules for cases involving children.
Two stages for the claim exist. Stage one, or the investigative stage, is the time during which all information pertaining to the case is gathered and examined.
At the end of this phase, if there is enough proof of negligence, then the second phase begins. This phase is when the defendant is served with papers informing them of the allegations.
Remember that gathering information can take a year to complete. For the most part, these cases can last six years or more.