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If you have suffered injury following a medical
procedure or as a result of wrongful medical advice -
you may be entitled to claim clinical or
medical negligence and seek damages How do you
establish whether there is a claim?
Standard of care - Burden of Proof
In certain situations a "duty of care" will be owed
between the parties. Such a principle is well
established in English law. In terms of medical
negligence the relationship between a doctor (or other
health professional) and the patient is one that
involves a clearly defined duty of care.
So the question
one must ask when assessing claims of this nature is
whether the doctor provided a "reasonable" standard of
care which is measured against the standard that you
might expect from any other competent and reasonable
medical professional.
This means that whilst the
standard of care provided does not need to be of the
very highest possible, it must not fall below what a
reasonable doctor would have provided in the same
circumstances.
It can be difficult to establish what "reasonable"
actually means and this is why clinical negligence
claims can be complex and lengthy. The burden of proof
in this area of law is entirely upon the claimant. To
pursue a claim you must show that the standard of care
fell below a reasonable standard.
The next issue to
consider is one of
causation.
Nursing home negligence
If you or a relative have been
injured whilst in a care home we may be able to help
with advice about compensation.
Care home complaints are soaring but our team may be
able to help you complain effectively and seek legal
redress.
MORE NEWS:
Patients are being denied varicose vein operations due
to NHS cutbacks - 30th September
CDifficile superbug deaths on the rise - 29th August
2008
The performance of GPs and consultant doctors is to be
reviewed every 5 years - 24th July 2008
Rectal surgeons using wrong op when treating cancer
patients - 5th June 2008
Fears over GPs failing to diagnose cancers -
14.04.08
Many hospitals unable to meet the "Deep clean" deadline
set by the Government to combat the spread of infection
- 3rd April 2008
The number of death certificates mentioning
Methicillin Resistant Staphylococcus Aureus (MRSA)
stabilised at 1,652 in 2006, according to the Office for
National Statistics. For more detail:
http://www.statistics.gov.uk/cci/nugget.asp?id=1067
- 31st March 2008
For immediate claims assistance:
CALL 0800 0322210 - or if
preferred contact our discreet ONLINE CHAT LINE - or
complete our enquiry form opposite.
The Claims Connection medical law "dental
negligence" - UK personal injury & compensation
specialists.
Medical NHS COMPLAINTS London,
Medical negligence claims Manchester,
medical compensation Liverpool, -
clinical negligence US -
the
patients charter -
support and
self-help groups -
medical negligence -
clinical negligence -
Dept of Health
- dental
insurance -
Links page 2 -
GP Negligence compensation -
nhs redress scheme
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