What is Clinical Negligence?
Clinical Negligence refers to a situation where healthcare professionals, such as doctors, nurses, or other medical staff, fail to provide the standard of care that is reasonably expected in their field, leading to harm or injury to the patient. It is a form of medical malpractice where the care provided falls below the accepted level of competence and results in negative consequences for the patient.
In clinical negligence cases, a patient must typically prove that:
1. A duty of care existed between the healthcare provider and the patient (which is generally the case when the patient seeks medical treatment).
2. Breach of that duty occurred, meaning the healthcare provider did not meet the expected standard of care.
3. Causation: The breach of duty directly led to the patient’s injury or harm.
4. Damage: The patient suffered harm, whether physical, emotional, or financial, as a result of the breach.