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Medical Law - Introduction
The legal ramifications that arise when a physician or other health care provider unintentionally causes injury to a patient are the focus of medical negligence. A patient who feels wronged or someone acting on behalf of a patient can both make a claim. Typically, the defendant is the physician or the physician's employer (such an NHS trust). The NHS Resolution, a special health authority, is in charge of handling negligence claims on the organization's behalf. According to National Audit Office data, possible liabilities for clinical negligence were estimated to be about £3.9 billion at the beginning of the twenty-first century. As of September 2017, that value has increased to £60 billion.
Claims for clinical negligence are intricate. They are filed under the negligence tort as civil actions. Three things need to be proven in order for the claim to be accepted.
1. The defendant owed the claimant a duty of care; 2. The defendant breached that duty when their performance fell short of expectations; and 3. The defendant's breach of duty resulted in the claimant's injury.
The legal ramifications that arise when a physician or other health care provider unintentionally causes injury to a patient are the focus of medical negligence. A patient who feels wronged or someone acting on behalf of a patient can both make a claim. Typically, the defendant is the physician or the physician's employer (such an NHS trust). The NHS Resolution, a special health authority, is in charge of handling negligence claims on the organization's behalf. According to National Audit Office data, possible liabilities for clinical negligence were estimated to be about £3.9 billion at the beginning of the twenty-first century. As of September 2017, that value has increased to £60 billion.
Claims for clinical negligence are intricate. They are filed under the negligence tort as civil actions. Three things need to be proven in order for the claim to be accepted.
1. The defendant owed the claimant a duty of care; 2. The defendant breached that duty when their performance fell short of expectations; and 3. The defendant's breach of duty resulted in the claimant's injury.
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