Clinical negligence claims — robustly rejecting rogues
By Flora McCabe
A successful claim in a clinical negligence case will require the claimant to prove the key issues of:
- Duty (of the clinician or other health professional or organisation)
- Breach of that duty
- Damage suffered
- Causation (i.e. did the alleged breach of duty cause the damage, or loss, complained of?)
Claimants are also required to adduce evidence in order to convince the court that, on the balance of probabilities, the defendant in question is liable.
It can often be the case that, in defending such claims, we find the evidence is incomplete or absent. It therefore becomes imperative that we, as defence solicitors, identify the opportunities that attend the case to take a robust stance in order to protect the defence position…
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