Medical negligence or breach of contract – what’s the difference?

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Prior to undergoing most surgical procedures, it is expected that a patient will have discussed all key aspects of the procedure in question with a relevant healthcare professional. As a result, the patient should have a clear understanding of what is planned together with the desired clinical outcome.

The consent process for surgical intervention, which forms the basis of the contract between the surgeon and the patient, is not merely the signing of a form; it is the process for providing the information that enables the patient to make an informed decision as to whether to undergo a specific treatment.

After a medical procedure has taken place, it may become apparent to the patient that the proposed outcome was not achieved. In this instance, it may be difficult for the individual to know if they have a potential medical negligence claim or a potential breach of contract claim. In this video, Ashtons Legal medical negligence specialist, Chantae Clark, explains the difference:

For individual advice, please contact our medical negligence team or complete our online enquiry form.


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