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Medical Disclaimer
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Medical negligence
Medical negligence, also known as clinical negligence (particularly in the UK), occurs when a healthcare professional provides substandard care that falls below the reasonable standard expected of a competent practitioner in similar circumstances, directly causing harm or injury to a patient.To succeed in a claim, four key elements (often referred to as the “4 Ds”) must typically be proven:- Duty of care — A doctor-patient or similar professional relationship existed, establishing that the healthcare provider owed the patient a duty to provide competent treatment.
- Breach of duty (or deviation from the standard of care) — The care provided was negligent, meaning it did not meet the accepted professional standards. This is assessed objectively, often with input from independent medical experts, rather than requiring “gold standard” treatment.
- Causation — The breach directly caused (or significantly contributed to) the patient’s injury or worsened condition. The harm must be more likely than not attributable to the substandard care.
- Damage — The patient suffered actual harm, which may include physical injury, psychological distress, financial loss, additional medical needs, or reduced quality of life.
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