clinical negligence CASES

In English law, clinical negligence refers to a breach of a healthcare professional’s duty of care to a patient, resulting in injury or harm that would not otherwise have occurred.

Definition and scope

Clinical negligence is a specialised form of negligence that applies to medical and healthcare treatment. It covers acts and omissions by doctors, nurses, dentists, midwives, and other healthcare professionals working in both the NHS and private sector.

A claim arises where treatment falls below an acceptable standard and causes avoidable harm to the patient.

Duty of care and breach

Healthcare professionals owe a duty of care to their patients once a professional relationship is established. Breach of that duty is assessed by reference to the standard of a reasonably competent practitioner in the same field.

The Bolam test considers whether the treatment would be supported by a responsible body of medical opinion, while the Bolitho refinement requires that opinion to be logical and defensible.

Causation and damage

It must be shown that the breach of duty caused the injury complained of. This usually involves applying the “but for” test and considering whether the harm would have occurred in any event.

Recoverable damage may include physical injury, psychiatric harm, pain and suffering, loss of earnings, and future care costs.

Common examples

• misdiagnosis or delayed diagnosis
• surgical errors
• failure to obtain informed consent
• medication errors

Practical importance

Clinical negligence claims promote accountability in healthcare and provide compensation where patients have suffered avoidable harm. They also encourage higher standards of care and informed decision-making.