Flashcards in Medical Negligence Deck (3):
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.
What is meant by 'res ipsa loquitur' with regard to medical negligence?
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
Outline the legal process of suing for medical negligence
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.
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.