If they provide care that is substandard, they may be guilty of medical malpractice. However, it must be proven that the medical professional acted poorly. If they are found to have provided a totally reasonable, adequate level of care, they cannot be found guilty of clinical negligence.
Additionally, to find a medical professional guilty of malpractice, it is not enough to simply prove that they made a mistake and provided substandard care.
Medical Negligence Solicitors
It must also be proven that this mistake or error directly contributed to a negative, unsatisfactory result or condition in the patient. This is causation – proving the link between the actions of the medical professional in question and the harm that the patient has experienced. This is what makes medical malpractice such a difficult area of legal compensation claims.
The only way to successfully prove causation is through investigation by a board of impartial medical experts. There is also a limitation period after any injury or harm has occurred – a claim for medical malpractice must be brought forward before that period ends, else it will be void.
The length of the limitation period is different depending on the jurisdiction – it can be anywhere between one and five years. However, there are various alternative methods to settling medical malpractice disputes – the hospital may recognise their mistake and offer compensation, or mediation or arbitration can be explored.
If a medical malpractice claim does need to be made, it should be done via a law firm with a specialist division in such matters such as www.patientlawyers.com