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What Is Negligence In Health Care

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3.1. Introduction “…difficult for a patient to show that a health care professional has fallen below the appropriate standard of care…. This, together with the increased practical difficulties in establishing causation in health care situations, means that establishing liability is particularly problematic.” There are many practical difficulties associated with establishing the medical professional’s liability for the inflicted medical injuries, as identified by the review group above. In this chapter, the discussion will involve assessing the validity of the statement above to establishing whether it is time for Scotland to move away from the current system in order to provide justice (hereafter, compensate) claimants for their medical injuries. This will be done by…show more content…
Therefore, the claimant must satisfy various legal tests to prove the medial professionals liability. However, the legal tests have been criticised for being too restrictive. Consequently, the legal tests combined with the high legal standard of proof means even if the medical injury was inflicted by the medical professional it is extremely challenging for the claimant to prove the medical professionals liability for the injury. In other words, it is challenging for the claimant to establish a clinical negligence claim under the current system, which required claimants to go through the process of clinical negligence to establish the medical professional’s liability. 3.3. Restrictive Legal Tests and High Legal Standard of Proof In order to prove the medical professional’s liability the claimant must satisfy all three elements of the following threefold test: 1. The medical professional owed the claimant a duty of care; 2. This duty of care was breached by the act or omission of the medical professional (hereafter,
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