Medical Negligence Causation -How to Claim Compensation In The UK?

Introduction

Medical negligence causation is the link between a healthcare professional’s breach of duty and a patient’s injury. Learn how causation is established and the challenges patients face in proving it.  Clinical carelessness, otherwise dubbed clinical wrongdoing, happens when a healthcare professional deviates from the standard of care, harming the patient. Causation, in this context, refers to the link between the healthcare professional’s breach of duty and the patient’s injury. In other words, it aspires to answer whether the healthcare professional’s actions (or lack thereof) caused the patient’s harm. Causation is a critical element of a medical negligence claim, as it determines whether the healthcare professional is liable for the patient’s injuries.

This article will explore the concept of medical negligence causation in the United Kingdom, looking at the factors that determine liability and the challenges that patients face in proving causation. We will also examine some real-life medical negligence cases to illustrate the principles discussed.

What is Medical Negligence Causation?

Medical negligence causation links the healthcare professional’s breach of duty and the patient’s injury. To establish causation, the patient must prove that the healthcare professional’s actions (or lack thereof) caused harm. This requires demonstrating that the harm would not have occurred but for the healthcare professional’s breach of duty.

In medical negligence cases, causation is typically established through expert evidence. The patient must provide evidence from a medical expert to show that the healthcare professional’s breach of duty caused harm. This expert evidence is essential because it allows the court to determine whether the healthcare professional’s actions were reasonable in the circumstances and whether those actions caused the patient harm. For more about click here

Factors that Determine Causation in Medical Negligence Cases

Establishing causation in medical negligence cases can be challenging, as multiple factors often contribute to the patient’s harm. The court must determine whether the healthcare professional’s breach of duty was a substantial cause of the harm or whether other factors were responsible.

To determine causation, the court will consider various factors, including:

The timing of the harm: Was it immediate, or did it occur sometime after the healthcare professional breached duty? If there was a delay, what other factors may have contributed to the harm?

  • The severity of the harm: How severe was the harm, and what other factors may have contributed to it?
  • The patient’s pre-existing conditions: Did the patient have any pre-existing conditions that may have contributed to the harm? If so, to what extent did those conditions contribute?
  • The healthcare professional’s breach of duty: Was the healthcare professional’s breach of duty a substantial cause of the harm, or was it a minor factor?
  • These are just some of the factors that the court will consider when determining causation in a medical negligence case. Ultimately, the court will consider all the evidence before determining whether the healthcare professional’s breach of duty caused the patient harm.

Medical negligence causation

Real-Life Examples of Medical Negligence Causation

To illustrate the principles of medical negligence causation, let’s look at some real-life examples of medical negligence cases.

Example 1: Misdiagnosis

Mrs. Smith visited her GP with a lump in her breast. The GP examined the lump but did not refer Mrs. Smith for further tests, believing that it was a harmless cyst. Several months later, Mrs. Smith went to a different GP, who referred her for further tests. Those tests revealed that the lump was cancerous, and Mrs. Smith required extensive treatment, including surgery and chemotherapy.

In this case, the court must determine whether the first GP’s failure to refer Mrs. Smith for further tests caused her harm. The court would consider the timing of the harm, the severity of the harm, and the healthcare professional’s breach of duty. The court would likely find that the first GP’s failure to refer Mrs. Smith for further tests was a substantial cause of her harm, as earlier diagnosis and treatment may have led to a better outcome.

Example 2: Surgical Error

Mr. Jones underwent surgery to remove a tumor from his lung. During the surgery, the surgeon accidentally punctured Mr. Jones’ lung, causing him to develop a pneumothorax (collapsed lung). Mr. Jones required additional surgery to repair the damage and suffered significant pain and discomfort as a result of the puncture.

In this case, the court would need to determine whether the surgeon’s error caused Mr Jones harm. The court would consider the timing of the harm, the severity of the harm, and the healthcare professional’s breach of duty. The court would likely find that the surgeon’s error was a substantial cause of Mr. Jones’ harm, as the puncture would not have occurred but for the surgeon’s breach of duty.

Example 3: Delayed Diagnosis

Mrs. Brown visited her GP with symptoms of meningitis, including high fever, severe headache, and sensitivity to light. The GP prescribed painkillers and advised Mrs. Brown to rest at home. Several days later, Mrs. Brown’s symptoms worsened, and she was rushed to the hospital, where she was diagnosed with meningitis. Mrs. Brown suffered permanent brain damage due to the delay in diagnosis.

In this case, the court must determine whether the GP’s delay in diagnosing Mrs. Brown’s condition caused her harm. The court would consider the timing of the harm, the severity of the harm, and the healthcare professional’s breach of duty. The court would likely find that the GP’s delay in diagnosing Mrs. Brown’s condition was a substantial cause of her harm, as earlier diagnosis and treatment may have prevented her from suffering permanent brain damage.  To get More Information Click Here.

FAQs

What is medical negligence causation?

Medical negligence causation is the link between the healthcare professional’s breach of duty and the patient’s injury. It seeks to establish whether the healthcare professional’s actions (or lack thereof) caused the patient’s harm.

How is causation established in medical negligence cases?

Causation is typically established through expert evidence. The patient must provide evidence from a medical expert to show that the healthcare professional’s breach of duty caused harm.

What factors determine causation in medical negligence cases?

When determining causation in a medical negligence case, the court will consider different variables, including the timing and severity of the harm, the patient’s pre-existing conditions, and the healthcare professional’s breach of duty.

What challenges do patients face in proving causation in medical negligence cases?

Patients who have mourned harm due to medical negligence face significant challenges in proving causation, as multiple factors often contribute to the harm. However, expert evidence can help to establish the link between the healthcare professional’s breach of duty and the patient’s injury.

How would it be advisable for me to respond assuming I trust that I have suffered harm due to medical negligence?

It is essential to seek legal advice if you believe you have suffered harm due to medical negligence. A specialist medical negligence solicitor can help you navigate the complexities of the legal system and ensure that you receive the compensation you deserve.

Table

Factor Description
Timing The timing of the harm in relation to the healthcare professional’s breach of duty.
Severity The seriousness of the mischief endured by the patient.
Pre-existing conditions The patient’s pre-existing medical conditions and how they may have contributed to the harm.
Breach of duty The healthcare professional’s breach of duty and how it may have caused harm.