Medical negligence can involve doctors, nurses, pharmacists and other healthcare professionals. An adverse outcome does not, by itself, establish negligence. A claimant generally needs to show that a healthcare professional breached a duty of care and that this caused injury or loss.
This article concerns England and Wales, where clinical negligence claims require separate consideration of breach of duty and causation. The Bolam principle concerns whether diagnosis or treatment was supported by a responsible body of medical opinion. It does not, by itself, establish that an alleged breach caused an injury. Under Bolitho, the professional opinion must also withstand logical analysis. Different principles apply to advice about material risks and reasonable treatment alternatives, as explained in the Supreme Court’s account of the relevant standards. It is sensible to seek specialist advice about whether the evidence supports a claim.
Can you sue the NHS for clinical negligence?
If NHS care fell below the required standard and caused avoidable injury, compensation may be available. Clinical negligence can arise during treatment, diagnosis or other care. If you believe your care was below the expected standard, a solicitor can discuss the circumstances and available evidence with you.
Resources such as Medical Negligence Law in the UK discuss claims and finding legal assistance. Specialist solicitor directories and panels can also help patients identify practitioners with relevant experience. Check a solicitor’s qualifications and terms before instructing them.
A three-year limitation period generally applies, running from the injury or the relevant date of knowledge. Exceptions and special rules apply, including for children and people who lack the relevant mental capacity. NHS Resolution’s claimant guidance explains the basic requirements. Seek advice promptly rather than assuming the deadline in an individual case. Compensation may cover pain, loss of amenity, treatment, care needs and lost earnings where the evidence supports these losses.
Expert evidence must address the relevant medical issues
Your solicitor may arrange an examination or obtain a report from a suitably qualified medical expert. The expert can review records, consider symptoms and assess matters such as the standard of care, the cause of injury and the likely prognosis. The time needed for a report depends on the records, the issues and the expert’s availability; there is no universal two-week timetable.
Civil Procedure Rule 35.4 requires permission to call an expert or put an expert report in evidence in proceedings. This is different from obtaining preliminary expert advice while investigating a potential claim. The court controls the scope of expert evidence and may direct the use of a single joint expert.
The expert needs relevant expertise, independence and an understanding of their duty to the court. They do not need unrivalled knowledge of the whole medical field. Their opinion may be challenged, and the court decides what weight to give it. Conflicts of interest and the factual basis for the opinion deserve careful consideration.
Without expert evidence, proving clinical negligence can be difficult
To succeed, a claimant generally needs evidence connecting a breach of the required standard of care with the injury and claimed losses. The burden ordinarily rests with the claimant. Medical records, witness evidence and expert opinions may address different parts of the case. A report supporting one issue does not automatically establish every element of liability.
Some matters may be within ordinary understanding, but a poor outcome or a concern about professional ethics does not automatically prove actionable negligence. Specialist questions about diagnosis, treatment and causation often need medical evidence. Under Rule 35.3, an expert’s overriding duty is to assist the court on matters within their expertise, rather than to advocate for the party paying them.
Clinical negligence compensation depends on the individual case
A general average cannot tell a claimant what their own case is worth. The nature and consequences of the injury, the prognosis and evidence of financial losses all matter. Large awards in individual cases should not be treated as a promise of a similar result.
Compensation is commonly considered in terms of general damages, such as pain, suffering and loss of amenity, and special damages, such as earnings lost and additional care or treatment costs. Punitive damages are not the routine purpose of a clinical negligence award, and an allegation of intentional harm does not automatically establish an entitlement to them. A qualified solicitor can explain the applicable principles and assess the evidence in an individual case.
