Clinical Negligence

Clinical Negligence case study

A medical practitioner owes a duty of care to their patient.

22 Feb 2022

Team name
Martyn Trenerry

A medical practitioner owes a duty of care to their patient.

This duty is to take reasonable care to:

  • take a proper history
  • investigate the patient’s symptoms and complaints properly
  • make proper differential diagnoses
  • make any necessary referrals to specialists
  • initiate action in order to take all reasonable steps to procure the health of the patient
  • provide a reasonable course of treatment
  • follow the patient up afterwards if that is reasonably necessary

Here is a summary of a Clinical Negligence matter in which the Defendant failed to provide the necessary drugs before and after surgery for a stent to be installed into the Claimant’s brain. As a result of the failure to administer the drugs, the Claimant suffered a stroke leaving her with severe and permanent brain damage, severe and permanent physical disability and a lowered life expectancy. The Defendant denied liability and causation. The matter was listed for a pre-trial review. Settlement offers were discussed in a joint settlement meeting. The matter concluded by consent. The settlement monies were used in part to purchase alternative accommodation suited to the client’s needs.

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