Clinical Negligence: What is involved with making a claim

A clinical negligence claim is a claim for compensation for injuries suffered as a result of substandard care.  There are three elements that have to be proved in order to succeed with the claim. 

Firstly a duty of care must be owed by the professional to the patient.

Secondly there must be a breach of that duty of care.  It must be shown that the standard of care exercised by one or more of the professionals fell below the standard of a responsible professional.  Evidence is provided by expert witnesses who give an opinion on standards but it is for a judge to decide whether the care was unacceptably poor.

Finally it is necessary to show that as a result of the breach of duty the individual has been damaged.  Again expert witnesses give the Court an opinion on this although again it is for the judge to decide.

If these three elements are proved, then those responsible will have to pay compensation.  The amount of damages depends on the extent of the physical and psychological injury.