Medical Negligence

Question 1

Define ‘negligence’

Answer 1

The defendant had a duty of care to the claimant, there was a breach of that duty. The claimant suffered actionable harm or damage, this damage was caused by the breach.

Question 2

What is meant by ‘res ipsa loquitur’ with regard to medical negligence?

Answer 2

The onus of proof of negligence rests with the claimant, unless the mistake is self-evident e.g. removal of wrong limb, not removing forceps/swabs

Question 3

Outline the legal process of suing for medical negligence

Answer 3

1. Letter of claim (info, request for notes, value of claim, offer to settle). Must be acknowledged within 14d + copies of requested notes within 40d.
2. Letter of response with 3m (comments, documentation to be used, offer to settle).
3. Claim form by a civil court.
4. Denial by defendant.
5. Proofing.
6. Assessment of quantum. A settlement may be reached by a Trust, leaving doctors to feel that justice was not done.
7. 5% go to court. Decision based on expert opinion.