UK MEDICAL NEGLIGENCE LAW IN PLAIN ENGLISH

Medical negligence law is a technical field determined by both statute and case law and its practitioners need to have specialist knowledge. Less than 1% of solicitors are allowed to describe themselves as specialists and only then when they are members of the Law Society panel of clinical negligence experts which also entitles them to apply for public funding (legal aid) to the Legal Services Commission.

This legal area has a broad scope which covers a wide range of clinical practice. Claims are made against hospitals, doctors, nurses, technical staff and general practitioners. Medical negligence law is designed not only to compensate but to also be preventative so that these accidents and mistakes are limited as far as is reasonably possible. The potential financial penalties for allowing unskilled or overworked staff to practice is prohibitive and strongly encourages management positions to only employ properly trained and experienced medical professionals.

Current medical negligence law is such that a healthcare professional is required to use the same skill and care as other similar professionals working in the same geographic area. The exact legal test requires that they act “in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art”. This implies that where a different method of treatment is supported by a significant number of other healthcare practitioners then it will not be negligent if that alternative treatment is used which subsequently fails. The final proviso on this topic is that the judges have determined that whichever treatment is used it must stand up to logical analysis.

Once negligence has been proved it must thereafter be shown that personal injury was sustained as a direct result of that treatment or that a cure was not effected which would have been, had an acceptable method of treatment been used. This is not always an easy task and relies on expert advice from professionally qualified witnesses.

When a patient is to undergo any clinical procedure it is a legal requirement that a healthcare professional explains the procedure in detail and thereafter obtains written permission to carry out that procedure. In cases where consent is obtained improperly or where no consent was obtained, except in the case of emergency, it can be grounds not only for a civil claim for damages but may also lead to a criminal charge of assault.

The Limitation Act 1980 requires that most personal injury claims must be settled or legal proceedings must have been issued within three years of knowledge of the injury. Judges have a wide discretion to extend or suspend the time qualification and there are exceptions for minors and the mentally handicapped.

If you have suffered personal injury and you fear you may have been the victim of incompetence there is no time for delay. In order to know what options you have you should seek expert legal advice as soon as possible. Our solicitors operate a free service whereby you can meet us in person or chat over the telephone with one of our friendly experts and obtain initial advice. If you subsequently decide to proceed no further then that is your right and you will not be charged for our initial advice.