MEDICAL NEGLIGENCE SOLICITOR - CASE LAW

A medical negligence solicitor must have a firm grounding in case law or common law as there are few statutes that assist in progression of a claim. Claims relating to an error by a health care professional are governed by the general law of negligence which has developed slowly for centuries however the milestone event was the 1932 case of Donoghue (or McAlister) v. Stevenson finally heard on appeal in the House of Lords which established the beginnings of modern tort law. In order for a medical negligence solicitor to prove a civil claim in this arena it is necessary show that a duty of care exists, that the duty has been breached and that reasonably foreseeable harm has arisen as a result of the breach.

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Bolam & Bolitho

Claims instituted by a medical negligence solicitor rely on a sub set of rules based on the above with specific requirements that apply to most of the professions. The Bolam test deriving from the 1957 case of Bolam v Friern Hospital Management Committee is one of the rules used to determine liability. This rule requires a professional person to achieve a degree of skill that matches other similar professionals. It is not an absolute test and perfection is not required. In addition the 1997 case of Bolitho v City and Hackney Health Authority determined that if a significant body of professionals would have acted differently from the mainstream then following that alternative course of action would not result in liability even if it failed, provided that the minority view was considered to be logical.

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Limitation

The Limitation Act 1980 determines when a claim becomes statute barred preventing it from being pursued in a court of law. A basic time limit of three years from the date that the personal injury was discovered applies. There are quite a number of exceptions to the general rules and professional advice from a specialist medical negligence solicitor should always be sought in regards to limitation issues which can be complex. Some of the exceptions to the general three year rule are as follows :-

• The three year time limit cannot start running until the potential claimant achieves the age of eighteen years.
• Time does not run against the mentally incapacitated until lucidity has returned, if ever.
• Judges can, in their wisdom, extend the time limits in cases where it would be inequitable not to do so. This discretion is rarely exercised.

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Free Legal Advice

If you have suffered personal injury and you fear you may have been the victim of incompetence or negligence then 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 medical negligence solicitors operate a free service whereby you can meet us in person or chat over the telephone with one of our 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.