As a plaintiff, you might in one way or the other find yourself in a tight case of defending clinical negligence against hospitals or generally against medical institutions, often on no win no fee medical negligence terms.
First of all, most lawsuits brought against medical institutions arise as a result of negligence. That is, the medical officers fail in one way or the other to discharge their duties efficiently and promptly. In essence, all medical practitioners are bound with maintaining an efficient and standardized way of operation with their clients, based on acceptable codes of conduct.
However, you should note that professionals in the medical field will also have their defences at hand and so, cogent elements to challenge negligence in the sphere must be upheld. Here are some elements to uphold in making a cogent negligence defence:
– There exists a pact of aid or attention between the medical personnel and the client
– The medical personnel disregard and goes against the code of conduct in aiding their client
– The plaintiff has inflictions of trauma on him/her based on the negligence of the medical personnel
– The trauma on the plaintiff is worth filing a suit against
– The trauma brings about monetary commitments
Note that these elements are still debatable in the court of law by the defendant
This may put a little hesitation in cases of medical negligence. At most times, the medical institutions would have made an agreement stipulating that a mutual consent be made in regards to a medical procedure. An example is in carrying out an operation on a patient. In such a process, the medical doctor would have prepared an agreement which would make the patient consent to the risk that is inherent in carrying out such an operation.
This, sure, can pose a halt to any case filed against negligence. However, this would not be any stop to such a negligence case as a total and blatant negligence by the medical personnel is sure to be prosecuted. Risk’s assumption, thus, would take hold in reasonable cases and not in unreasonable ones.
The form of interaction or, generally, relationship between the plaintiff and the defendant can also influence a negligence case, even on no win no fee medical negligence terms. In cases when the doctor and the patient have an age-long mutual relationship whereby the doctor knows all about the patient, this would pose difficulty in arguing a case as the doctor can easily bring forward a defence that is channelled on the fact that the disease caused the trauma in a patient and not the negligence of the doctor.
GUARDING AGAINST BACKLASH
In some cases, the defendant could argue that a trauma is as a result of the plaintiff’s negligence. Yes, this may be so or may be the opposite. It would, however, be reasonable, to all in all, guard against such backfire and ensure that there is no negligence on the plaintiff’s part. Allowing this argument by the medical personnel to hold will only get to lower the awards that is entitled to the plaintiff. So, it is essential to always cross the i’s and dot the t’s in making a case of medical negligence.