Breach of Duty

Negligence has a specific legal definition.  In the medical context, negligence means treatment or care which falls below medically acceptable standards.  In other words, care which at the time in question no competent or responsible medical practitioner in the relevant field of medicine would have given.  Treatment or care which is unusual or unconventional is not negligent if there is a reputable body (albeit small) of medical opinion which approves it.  If a doctor is rude or indifferent, that in itself is not negligence.

Causation

It is not enough to simply prove that the care was negligent.  You also have to prove that the negligent care has caused identifiable injury and loss.  There are cases in which the patient can prove that the doctor was negligent, but even had the best care been given, this would not have made any difference because, for example, there was insufficient time for appropriate care to have an effect.  This may arise (for example) in delayed diagnosis of cancer or birth injury cases.  There are other cases in which an entirely different cause for the injury is found, which is unrelated to the negligence.  For example, the accident that caused the injury that led to medical treatment.

A patient who cannot prove both that the care was negligent and that the identified negligence caused the injury will not win his/her case.

The burden of proving the case is on the patient.  It is not sufficient to put the case on the basis of “I was fit before I went into hospital and now I am not, so they must have done something wrong” or “the doctor was negligent so he has to prove that he did not injure me”.

The standard of proof is what the lawyers call “balance of probabilities”, thus a patient has to prove that it is more likely than not (that there is a better than 50% chance) that the negligent care caused the injury.

Get in touch

If you would like to know more about how our tailored services can best suit your needs, do not hesitate to get in touch. Although based in Greater Manchester, we can provide high-quality legal assistance to those who need it around the UK. Call us today on 0161 928 3848, or fill in the online contact form.

Testimonials

Read All >

Always, without fail, returned email/telephone calls promptly. Thank you.

Mr D

Professional and efficient service with a personal touch.

Mr Y

Grace has been very helpful dealing our whole family, arranging wills and lasting powers of attorney. Excellent service.

Mrs N

I am very glad that I found your office and especially Helen Green. I enjoy dealing with people who know what they are doing.

Mr S

Grace Kennedy was friendly, professional and knowledgeable. Updating our wills was a very smooth and efficient process.

Mr W

The service and communication provided by Michaela throughout the process of dealing with my mum’s estate has been exemplary.

Mr E

Excellent customer service and attention to detail by Mr Hartley. Would certainly recommend to family and friends.

Ms Y

Pleasure to do business with McHale & Co. Everything is thoroughly explained, whatever questions we asked. Easy to make contact, we as a family have dealt with your company before and cannot fault any part of our dealing with yourselves.

Mrs L

Helen was excellent. Very clear in her explanations of options and implications of decisions made in our wills.

Mr & Mrs T

A big thank you to Grace Kennedy who went the extra mile and provided me with lots of information regarding making, signing and checking the process for me and after signing a list of use points and information. Excellent customer/client care.

Mr S

I feel that the people employed within this firm really listen and respond accordingly

Mrs S

Many thanks for your assistance with everything (Helen Green), you’ve made it all seem a lot more manageable at a difficult time.

Ms W

Contact Us