What is duty of care in a medical negligence claim?

What is duty of care?

Every medical practitioner, no matter how experienced they are or whether they work for the NHS or in a private healthcare setting, has a duty of care for their patients.

This means that they are legally and morally obligated to provide care at a level that can be reasonably expected, including acting with skill and awareness to prevent any avoidable harm coming to their patients.

If a medical practitioner fails in this duty, the risk of harm, injury or illness for a patient significantly increases. Where this becomes the case, the patient could then be entitled to bring a medical negligence claim against the individual and/or organisation responsible for their treatment.

What standard of care should I expect in a medical setting?

The question of what standard of care constitutes a ‘reasonably expected’ standard can be a difficult one to answer as it will often depend upon the circumstances.

A ‘reasonably expected' standard of care will not always be the same thing as what is considered ‘best practice’ in a medical setting. This is because factors such as a patient’s reaction to certain medications or pre-existing conditions could mean that it is logical to prescribe a different course of treatment.

If the patient subsequently does not respond well to this treatment, it doesn’t necessarily mean the medical practitioner was negligent. This is particularly true if the course of treatment was logical and other medical professionals would have prescribed the same treatment.

A sub-standard of care, therefore, is defined as any treatment or practice no reasonable body of medical practitioners would have provided on a case-by-case basis. This is known as the Bolam Test, which considers not what could have been done differently but whether a responsible body of clinical professionals support the action that was taken.

What constitutes a breach of duty of care?

As we have already established, a breach of duty of care occurs when a medical practitioner fails to provide a reasonably expected level of care, often resulting in harm, injury or illness to the patient.

Some common examples of a breach of duty of care include (but are not limited to):

• Delays in providing suitable medical treatment, leading to the worsening of the patient’s condition
• A failure to request adequate tests or investigations, resulting in delayed diagnosis or misdiagnosis
• Surgical errors, including operating in the wrong area
• Prescribing the wrong medication or an incorrect dosage of medication

How can I prove a breach of duty of care in a medical negligence claim?

If you believe that you or a loved one has suffered due to a breach of duty of care, proving it may seem like a daunting prospect. The important thing to remember is that you don’t have to do it alone.

Proving medical negligence due to a breach of duty of care will almost always mean reviewing your medical records, including any test results, prescriptions, referrals and procedures. A specialist medical negligence solicitor will have the experience and legal expertise to help you identify any errors made in your care.

We may also need to collect further evidence, including witness statements from family members, friends, and loved ones, and expert testimony from an independent medical professional, who will need to carry out an examination and review your medical records.

How Slater and Gordon can support you if you’ve been let down by a medical professional

We place a great deal of trust in medical professionals, whether through the NHS or a private healthcare setting, and learning that you have suffered unnecessary harm due to negligent care can be incredibly difficult, leaving you feeling vulnerable and unsure of what to do for the best.

At Slater and Gordon, our award-winning medical negligence team have worked closely with countless clients across the UK to secure the care, support and justice they deserve after suffering from medical negligence.

To learn more about how we can help you move forward after medical negligence, speak to us today on 0330 041 5869 or get in touch online to request a call back.