Your guide to understanding the difference.
When something goes wrong during medical treatment, it is understandable to ask, “Have I suffered harm or injury due to medical negligence?”
Suffering a poor outcome following treatment can be extremely upsetting, particularly when you or a loved one has placed your trust in healthcare professionals. However, an unfortunate outcome does not always necessarily mean that you have suffered due to medical negligence.
So, what is the difference?
What is medical negligence?
A medical negligence claim may arise where a healthcare professional has failed to provide an appropriate standard of care, and that failure has caused avoidable injury or harm. A claim generally requires consideration initially of whether the care provided fell below the expected standard (ie. breach of duty) and, secondly, whether the negligent treatment caused an injury that would otherwise not have been suffered and that failure caused or materially contributed to the injury or loss suffered (ie. causation).
What is an unfortunate outcome?
Each treatment provided is unique. Even where a treatment has been carried out appropriately, complications can still occur, and some are known to be recognised complications of the treatment provided. For example, a patient may undergo surgery that is performed to an appropriate standard but subsequently went on to develop a complication. If the complication was a known risk and the healthcare professionals acted appropriately and provided care of the expected standard, the fact that the patient experienced that complication does not, by itself, mean that there has been negligence. Similarly, a treatment may not work out as hoped for despite reasonable care having been provided. This can be difficult for patients and families to understand, particularly when they have experienced a significant and unexpected change in their health.
When might treatment be deemed negligent?
The following may be deemed a failure in duty of care, but not limited to:-
- A delay in diagnosing a condition.
- A failure to recognise or act upon concerning symptoms.
- Errors during surgery or another procedure.
- Inadequate treatment or monitoring.
- Medication or prescriptions errors.
- A failure to appropriately follow up or refer a patient.
Satisfying breach of duty and causation
It is important to note that you do need to satisfy both breach of duty and causation in order to bring a successful medical negligence claim. It is essential that the Claimant (the person bringing the claim) can prove that the treatment afforded to them fell below the standard of care expected from a healthcare professional and that the treatment has caused an otherwise avoidable injury. The key to proving breach of duty and causation is by way of expert evidence and evidence is needed from medical experts in the same field as the treating professional, to provide a report on the case.
What should you do if you have concerns about your treatment?
If you have concerns about the treatment provided to you, it can be helpful to keep a record of what has happened, including any relevant dates, appointments, symptoms, and correspondence. You may wish to initially raise your concerns with the healthcare provider involved and contact our legal team for legal advice.
Ultimately, not every unfortunate medical outcome is the result of negligence. Understanding the difference requires careful consideration of the treatment provided, the circumstances surrounding it and the impact it has had on the patient.
