The Four Key Elements of Medical Negligence, and Their Importance to Your Case

Medical negligence is an unfortunate possibility, wherever you go to seek clinical help. NHS Resolution, the body responsible for handling claims against the NHS, keeps a provisional fund of over £80 billion to cover successful compensation claims. If you suffer as a result of a surgical error, missed diagnosis or other clinical mistake, you may be eligible for some of that provision.

Before you enter in a medical negligence claim, it can help to understand how a claim is formulated. There are four essential elements to a medical negligence case, commonly referred to as a the ‘Four Ds’. Here are the Four Ds, with explanations for each and how they may apply to your case.

Duty

Duty, or, more specifically, ‘duty of care’, is the principle that you enter the care and protection of a medical professional or institution when you visit them with a complaint or for a diagnosis. The provider has a unique skill set with which they can diagnose your ailment, and recommend and administer the appropriate treatment. It is their duty to do so to the best of their ability. The foundation of any medical negligence case is the establishment that a professional or provider has failed in their provision of that duty, whatever the reason.

Dereliction

‘Dereliction’ describes the manner in which a professional or provider fails in their duty of care. This could be the act of making a mistake during surgery, or the act of mis-diagnosing an illness as something less severe. This is the act to which you attribute your subsequent injury or suffering.

Together with your no win no fee medical negligence solicitors, you will need to set out a case via your entered evidence and testimony that your healthcare providers were in dereliction of their duty – and, crucially, that their dereliction was the direct cause behind the reason for your claim.

Direct Cause

Direct cause is the most difficult, and perhaps most important, constituent element to your medical negligence case. You may attribute your doctor or healthcare professional’s negligence to any physical or mental anguish you suffered – and it may be common sense argument to state that one caused the other – but you will need to prove beyond reasonable doubt that the negligence you suffered was a direct cause of your injury or suffering.

As an example, a doctor may have over-prescribed you a medication, the increased dose of which produced significant damaging side-effects. It is not enough to point to the side-effects attributed to the medication; you will need to prove that you would have been otherwise healthy if not prescribed the increased dose, and that you have no other condition that could have caused those symptoms.

Damages

‘Damages’ describes the compensation you seek for your injury or suffering. There may be financial costs incurred by your suffering, in the form of increased reliance on transport or lost wages from taking time away from work to recuperate. There are also non-financial considerations to make, such as the stress of handling your condition or any mental illnesses arising from the case. Altogether, these can form a ‘cash value’ you seek as recompense.