Four Cardinal Elements of Medical Negligence Litigation

The instances of doctors and other medical staffs breaching their respective duties are aplenty in the UK. NHS (National Health Services) publications often depict these negligence cases. The problem is that the patients who suffer due to the negligence of the doctors, nurses and other medical staffs need to prove that the concerned practitioner or his assistant or the authority was negligent and that resulted in his ailments and injuries. Most of the claimants fail to prove medical negligence and the negligent medicos are not proven guilty as a result. Here below are four cardinal elements of any clinical negligence claim case explained in a sequential manner for further reference of the claimants.

Duty of care was owed

The simple rule in this regard is that if a patient was under a doctor’s supervision, the physician owed him a duty of care. This is again based on the eternal doctor-patient relationship ethics. However, under the English Laws, the physicians are expected to act in a ‘reasonably practicable’ manner and should also diligently follow the standard of practice as defined in the rulebook of the healthcare provider which they represent. This implies that the doctor is expected to apply his skills in a way which is expected from all physicians in his specialization category.

Duty of care was breached

In order to prove that a duty of care was breached, medical negligence solicitors refer to the logical professional standards. It is inspected by the solicitors whether the concerned physician acted by the rulebook of the healthcare provider for which he works. Proving breach of duty comes easy in some cases. For example, if it is found that a doctor amputated an organ from a patient’s body unnecessarily and if it is proved that proper medication was a feasible alternative for treating that ailment, the doctor can be sued.

Breach of duty caused injury

However, it is highly important to prove that the breach of duty of care actually caused the injury received by the patient or the plaintiff. Therefore, there must be some obvious impact of the breach of duty. Resultant injuries and illnesses are the biggest evidences in a hospital negligence case and one should undergo diagnosis for proving that his doctor was negligent in his duty. It is, therefore, highly recommended that you meet a specialist after being victimized and get all the reports that can solidify your claim for compensation. Keep in mind that you should seek proper clinical care before things get unintelligible.

Breach of duty caused financial damages

The fourth cardinal element of a clinical negligence case is the resultant financial damages. Financial damages are compensated for liberating the plaintiffs from the resulting financial burdens. A medical negligence victim may have to shell out a substantial amount of money for taking medical care and may miss his working days. Compensation payout is calculated keeping in mind all these unwanted financial losses.

In order to commence compensation claim litigation against doctors at fault, victims need to understand the basics of a case of this type and referring Wikipedia or any other web-based authentic source is the best way to do that.