Making a clinical negligence claim

Definition of clinical negligence

To be successful with a clinical negligence claim it is necessary to prove two distinct tests:

1. The Duty of Care

In all areas of life, we expect things to be done properly, and medicine is no different. We expect doctors and medical staff to treat us with a reasonable standard of care according to their professional skills. This is called the duty of care. Where your care falls below this standard, there may be a breach of this duty.

2. Damage

It’s not enough just to show that the treatment wasn’t up to standard. We must go on to prove that, as a result, injury has been caused which would not otherwise have been. There has to be a link – what lawyers call causation.

An independent medical expert will probably be appointed to provide a medical report to help prove these two issues. 

Clinical negligence claim time limits

It is important to know the date of the treatment you are concerned about, because any court case has to be started within 3 years of that treatment, or the date on which you knew or should have known, that you had a significant injury from the treatment. (Different rules apply to the under 18s and those unable to act for themselves).