It is a commonly held misconception that in order to succeed with a medical negligence compensation claim, it is enough if the Defendant admits that there was a breach of duty of care, but there is much more to a medical negligence claim than this.
A medical negligence claim will only succeed if all three of the following elements are proven:
- That the Defendant owed the Claimant a duty of care. In a claim involving medical negligence, this test is satisfied because a healthcare provider always owes their patient a duty of care when providing treatment.
- There was a breach of that duty of care by the Defendant, e.g. that the standard of care provided fell below that expected of a reasonably competent body of medical practitioners.
- That the breach of duty resulted in an avoidable injury to the Claimant.
It is not enough to simply prove that the medical treatment fell below the standard of care to be provided. In addition, a Claimant must also prove that the negligent care resulted in an avoidable injury. This is known as ‘causation’ and it is very often the more difficult part of the claim to prove.
You can read more about causation and how we prove this element of a claim here.