Medical Negligence

  • Clinical Negligence - Liability Tests

    For a case of clinical negligence to be proved, there must be a duty of care which is owed by the defendant to the person claiming damages. If such a duty of care exists, for an action to be successful, two further things must be shown. Firstly, the...

  • Dancer Gains £20m Settlement

    A dancer, who suffered severe brain damage whilst a patient in hospital, was awarded a settlement worth an estimated £20million. Kerstin Parkin, a professional dancer, was awarded the sum by Bromley Hospitals NHS Trust after suffering a heart attack...

  • Failure to Warn Of Slight Risk

    A doctor must warn patients of even slight risks before operating. Failing to do so is negligent. In a recent case, in spite of the fact that the operation itself was not performed negligently, the suffering of a patient as a result of the operation was...

  • Injury - Who is Liable?

    Sometimes, cases involving personal injuries lead to decisions which do not at first glance seem to be those you would expect. Following a similar case some months ago, involving a woman whose car collided with a bus, a further case has now been decided...

  • MRSA Claims on the Rise

    An upsurge in MRSA cases against hospitals is expected as health and safety legislation is being used by lawyers as a basis for compensation claims. In the past, it has been difficult to prove cause and effect in MRSA cases. This is because patients...

  • Medical Negligence - Two Minute Guide

    If a person suffers injury due to medical (or clinical) negligence (e.g. in the course of an operation), they may be entitled to claim damages. All doctors owe their patients a duty of care and a claim may be made based on the law of tort. In the private...

  • Structured Settlements - How They Work

    A structured settlement is a type of settlement normally used in accident and medical negligence claims as an alternative to the payment of a lump sum by the defendant to the claimant. A structured settlement may have three components. The first is an...

  • When Relief of Pain Breaches Human Rights

    Human rights law has thrown up some controversial issues over the years, as illustrated by a recent case in which a mother was awarded €25,000 in damages and costs as compensation for her severely disabled son being given the painkiller diamorphine by...
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