Medical Negligence
In the last year the subject of medical negligence has reared its head
in the newspapers. Figures vary between £600 Million and 1/12 of the
total NHS budget.
These seem to be enormous sums and may be exaggerated for political
purposes. Nevertheless the public is becoming more critical of a
profession which was once beyond criticism.
Medical negligence can have profound effects upon the victim and where
negligence has occurred it is right and proper that the victim be
adequately compensated.
It is to everyone's benefit that professionals of all kinds be subject
to the scrutiny of the courts as this helps enforce good practice and
helps clear poor practitioners from the system.
The Law of Professional Negligence
Professional people do not have to practice to a different standard of
care than any other person. The test of reasonable care for a surgeon is
the same for a joiner.
The test in establishing professional negligence is whether the doctor
has done something which no ordinary doctor would do in the same
circumstances.
If a professional has a choice of two courses of action both of which a
professional in the same circumstances may reasonably choose and it turns
out that the chosen course of action causes harm and the other course
would not have done, he is not guilty of negligence.
If however he chooses a course of action which no ordinary practitioner
in his situation would have chosen and that choice causes harm then he
will be guilty of negligence.
The standard does not increase with the experience or eminence of the
professional.
If a highly qualified specialist takes a reasonable and recognised
course of action and it causes harm then that is not negligence. It is
only when he attempts a treatment that his peers would not attempt, in the
circumstances, that negligence may arise.
This test is the same no matter the nature of the profession and
includes teachers, social workers, lawyers, doctors, surveyors and
bankers.
More information may be
obtained from our dedicated site
Medical
Accidents
or Contact
a Scottish Solicitor
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