A contract exists when two or more parties have entered into an agreement for some form of 'benefit' (known in legal terms as "consideration"). There must be an 'offer' by one party and an 'acceptance' by the other party in order for the contract to come into force.
A contract can come to an end in a number of ways. These include:
- the agreement being successfully completed;
- one party failing to meet its obligations under the main terms of the contract - the party in breach can be sued for this;
- one party withdrawing from the contract - there is usually a penalty for this;
- the parties agreeing to terminate the contract.
Private healthcare agreement
When a healthcare provider undertakes to provide treatment to a patient on a private basis, a contract is formed. This is because consideration is exchanged on both sides. In other words the healthcare provider provides the treatment, and the patient pays money in return. One of the main terms of such a contract is that the healthcare provider must provide treatment of an adequate standard.
Clinical negligence claims
If medical treatment goes wrong, the usual option for obtaining compensation is to bring a clinical negligence claim. There is a 3-year time limit ('limitation period') in which to bring a claim, running from the date of the alleged negligent treatment or the date of knowledge if later. In order to establish negligence it is necessary for the Claimant to prove:
- breach of duty (ie: that the treatment fell below an adequate standard)
- causation (ie: that the inadequate treatment caused loss or damage)
- loss or damage which can be quantified in financial terms. Significantly, the damage must include an element of personal injury, and other loss must 'flow' from this. For example the Claimant may suffer loss of earnings because he cannot work due to his injury.
For various reasons including the ways in which compensation is calculated, it is usually better to pursue a claim for clinical negligence rather than for breach of contract, even if the treatment has been provided on a private basis.
Breach of contract claims
In some situations, however, medical treatment which goes wrong may result in financial loss without any personal injury element. In such situations it is worth considering a claim for breach of contract instead. There is a 6-year limitation period for bringing a breach of contract claim.
Alexander Harris are approached by clients who suffer financial losses as a result of inadequate medical treatment being provided, which has been paid for privately.
If you believe that you might have a legal claim relating to Breach of contract claims , please complete the online enquiry form or call 0870 024 0558. Your enquiry will be forwarded to a solicitor who specialises in Breach of contract claims .
If you have any comments in relation to Breach of contract claims , please use the online discussion forum.
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They were very patient and understanding: Carol, Cheshire
