CLINICAL & DENTAL NEGLIGENCE

Paula Cullen has acted for many clients over the years who have successfully claimed damages against hospitals, GPs and other health professionals including dentists.

The only outcome achievable from a successful clinical negligence legal claim however is an award of damages. The Court cannot force a hospital to change its working practices or improve it standards and it cannot discipline a health professional or force a health professional to apologise.

Negligence occurs when there is a breach of a legal duty of care owed to one person by another which results in damage being caused to that person. Clinical negligence (also referred to as medical negligence) relates to claims against doctors and other healthcare professionals and their employers. In order to succeed in a claim for negligence, the claimant needs to prove that:

1. The doctor or other healthcare professional owed a duty to take care of the claimant and not cause injury;
2. There was a breach of that duty to take care;
3. That breach of duty has caused harm to the claimant; and
4. Damage or other losses have resulted from that harm.