English Medical Law - Introduction to Medical Negligence

Medical Law 
Introduction 
Medical negligence is based on the legal consequences when a doctor or other health professionals negligently harms a patient. 

It is a complex claim which is brought as a civil action in tort of negligence. In order to bring a successful medical negligence case, three requirements need to be proved which are
-the defendant owed the claimant a duty of care
-the defendant’s performance was below the standard expected which resulted in a breach of duty
-the claimant’s injury was caused by the defendant’s breach of duty. 

Who is the claimant? 
In a medical negligence case, a plaintiff is the aggrieved patient or a person who claims on the patient’s behalf. 

Who is the defendant? 
The defendant is a doctor or the employer of the doctor such as NHS trust.