In the complex landscape of healthcare, errors and mistakes can unfortunately occur, leading to adverse consequences for patients. When these errors are due to negligence on the part of healthcare professionals, a claim for medical negligence may be pursued.
Medical negligence claims are legal actions brought by patients who have suffered harm due to substandard medical care. In such cases, the role of medical experts is pivotal in the assessment of the prospects of success in negligence claims. This article delves into the significant role medical experts fulfil in medical negligence claims.
Understanding medical negligence
Medical negligence arises when healthcare providers fail to meet the standard of care expected of them, resulting in harm to the patient. These cases can encompass a wide range of medical errors, including misdiagnosis, surgical errors, medication mistakes, birth injuries, and more.
Proving medical negligence involves demonstrating that the healthcare provider breached their duty of care, causing harm that would not otherwise have occurred.
The role of medical experts in negligence claims
In medical negligence claims, medical experts play a crucial role in assessing the actions of healthcare providers and determining whether they met the appropriate standard of care. These experts are typically professionals with extensive experience and expertise in the relevant medical field.
It is important to understand that experts do not provide their opinion for the person instructing them i.e. claimant or defendant. The expert must prepare their report for the Court and must be completely impartial in their opinion regardless of who is instructing them.
In medical negligence claims, experts assist the Court in the following ways:
Establishing Breach of Duty
In a medical negligence claim, the claimant must prove that the healthcare provider breached their duty of care to them. Expert evidence is necessary to establish what the standard of care was in a particular situation and whether the defendant healthcare provider deviated from this standard.
The relevant expert to provide an opinion on breach of duty is an expert of the same specialism as the medical professional who it is alleged provided substandard care.
Causation
Establishing a causal link between the breach of duty and the harm suffered by the claimant is essential. Expert evidence is crucial in determining whether the defendant’s actions or omissions directly caused the claimant’s injury or worsened their condition.
Assessment of Damages
Experts can provide opinions on the extent and impact of the claimant’s injuries or losses, both present and future. They are also required to make future treatment recommendations. Medical experts provide information about Condition and Prognosis to the legal team so that they can assess the extent of any injury and the impact of this in the short and long term.
Further, such information is often used to assist with the instruction of other medical and non-medical experts such as care and assistance, clinical psychology, neuropsychology, occupational therapy, physiotherapy, and other therapy. It may also be necessary to obtain evidence on likely life expectancy or the value of financial losses.
This evidence is obtained so that the value of a claim can be fully assessed. Such information is crucial for the Court to determine the appropriate level of compensation to award the claimant. It also assists the parties in the negotiation of damages where the claim is to be settled out of Court.
Considering the opponent’s case
While medical experts are instrumental in medical negligence claims, the intricacies of medical science and the at times subjective nature of determining the standard of care and/or causation means that there are often differing opinions. Medical experts are asked to consider the opponents case in a fair and balanced way. In so doing they assist the instructing party in considering the risks and strengths of their case.
Attendance at meetings of experts
During the course of the litigation, especially after the commencement of formal Court proceedings, medical experts are required to attend meetings with the expert instructed by the opposing party. The purpose of such meetings is for the experts to consider where they are in agreement and where the differ as a means of attempting to narrow the issues between the parties. These are extremely important meetings and can be pivotal in terms of the success of and the amount claimed in pursuant of a claim for compensation.
Duty of medical experts
The Civil Procedure Rules (CPR) Part 35 lays down the Court’s rules in terms of expert witnesses and what is expected of them. Importantly, CPR 35.3 sets out the experts duty to the assist the Court by giving evidence that is within the expert’s expertise and that the expert’s duty to the Court overrides any obligation they may have to the person from whom the expert has received instructions or by whom they are being paid.
Conclusion
In the pursuit of a claim for negligence, medical expert evidence is essential to both parties to the dispute and to the Court. The experts provide invaluable insight into the medical complexities of each case and their objective opinion is essential in helping parties to a dispute, as well as the Court, to navigate the complexities of medical negligence claims and ensure that the eventual outcome is just and the compensation awarded to a successful claimant is fair.
How can we help?
Carolle White is a Legal Director and Chartered Legal Executive in our expert Medical Negligence team, which is ranked in Tier One by the independently researched publication, The Legal 500, and Commended in The Times Best Law Firms 2024. Carolle specialises in high-value and complex medical negligence cases and inquests.
If you require any advice in relation to the subjects discussed in this article, please do not hesitate to contact Carolle or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.