Medical negligence claims and the 'eggshell skull' principle

One important legal principle inherent to the outcome of many medical negligence claims is that of the eggshell skull rule'.

This eggshell skull rule applies to both criminal law and tort law. The basic principle of this rule is that if one individual (the medical negligence claimant) is harmed as the result of the actions of another (the medical negligence defendant), even if the pain or injury arises in large part because of a pre-existing condition or disposition, the defendant will be held liable for any medical negligence compensation claim resulting from the injury.

The eggshell skull rule is particularly pertinent to many medical negligence compensation claims because, in general, people who seek out medical care are often already exhibiting more than one symptom of poor health. Any action on the part of a medical or health professional that fails to take an existing susceptibility or weakness into account has the potential to cause harm or injury.

If the resulting damage or injury can be said to have been reasonably foreseeable' then, regardless of whether the injury is in large part attributable to a pre-existing vulnerability, a strong case for the injured party to receive medical negligence compensation can usually be mounted.

Crumbling skull' as a medical negligence claim defence
The crumbling skull' rule can successfully be used as a defence in a medical negligence claim if it can be proved that the actions of the hospital or doctor only had a minimal effect in causing a deterioration in the medical negligence claimant's pre-existing condition.

This rule might apply if a patient who is suffering from a terminal illness experiences substandard care at the hands of a medical professional and dies soon after. In such a case, the defendant may be able to successfully argue that the patient's death was determined entirely by their pre-existing condition and consequently does not merit any award of medical negligence compensation.

An example of a successful eggshell skull medical negligence claim
Here is a useful illustrative example of the eggshell skull rule being relevant to a medical negligence claim:

In 2003, Josephine, a 26-year-old mother of two, visited an osteopath in order to receive rehabilitation for some upper-body injuries she had sustained as the result of a fall.

Even though Josephine informed the osteopath that she needed to be cautious in her manipulations because a fractured collar bone she had received in the fall was still healing, the osteopath's manipulations were not light-handed enough, causing the collarbone to re-fracture and putting Josephine's recovery back by at least four weeks.

This example of substandard clinical care affected Josephine in many ways, not least her ability to return to work and, distressingly, her ability to freely carry her children.

Even though it was found that the osteopath had treated Josephine in a manner that would normally be considered acceptable to a patient without a pre-existing injury, it was also found that she had failed to take full account of Josephine's vulnerability to physical manipulation. Thus the eggshell skull rule was successfully employed in order to win Josephine medical negligence compensation for her pain, suffering and loss of earnings.

Making a no win, no fee claim for medical negligence compensation
If you have suffered pain, suffering, injury or loss of earnings as a result of clinical malpractice, chances are that you will be able to claim medical negligence compensation.

YouClaim's panel is made up of personal injury solicitors who are widely considered to be the UK's finest.

Over the years, we have demonstrated ourselves to be a leading specialist in medical negligence claims and boast an excellent success rate to prove it.

Claiming with us is a no-risk business. We guarantee that you will never incur any hidden costs or fees. We also guarantee that we will never take a cut, ensuring you get to keep 100% compensation.

So why not contact us today?

You can reach us by filling out an online claim form, requesting a call back, talking to a legal advisor live on e-chat or, alternatively, by calling us now on 0800 10 757 95.