By Natalie Thomas. Last Updated 7 March 2022: Medical negligence or as its often referred to now as clinical negligence as it covers all types of negligence that effects the well being of a person in its self is quite a broad term. In this article pacifically we are going to look at medical negligence, medical error that happens within a medical environment that causes ill effects up on a person health and how medical negligence is viewed within the UK legal system.
Clinical Negligence Litigation Information Covering The UK
Our advisors can provide you with instant free legal advice about making a clinical negligence claim. As well as this, they could connect you with an expert from our panel of medical negligence solicitors, wherever you are in the country. They also have a guide on medical negligence law in the UK, so why not read through to find out more?
You may have concerns about the cost of legal representation or how you might find a good medical negligence lawyer near to you. They offer a service that can save you time by connecting you with a panel of expert lawyers.
This service is available to you wherever you live. Our panel can assess cases remotely on a nationwide basis, which means that you are not limited to options local to you. Much of the communication can be online or over the phone, which means a No Win No Fee medical negligence specialist could start work for you sooner than you think.
Furthermore, our panel offer No Win No Fee agreements for all claims they accept. Essentially, there’d be no upfront medical negligence solicitor fees. Whilst it is not a legal requirement to have a solicitor, it’s important to note that medical negligence claims can become complex. A solicitor acting on your behalf could devote the time and attention that your claim needs, while you concentrate on getting well.
Clinical negligence is a serious issue that can leave patients with life-altering health problems. Don’t feel that your claim should suffer because of poor access to legal help. Speak to one of their experts today and see if you can get the damages you deserve.
Medical Negligence Statistics In The UK
While many of us will go through our lives with little cause to use the National Health Service (NHS), some of us aren’t so lucky. And our luck can further dry up when an operation goes wrong, or we’re misdiagnosed or prescribed medication that does us more harm than good.
These incidents are rare, and the service the NHS provides is one of the best in the world. But mistakes do happen, and they’re costly. In 2019/20, the NHS paid out just over £2 billion settling clinical negligence claims. £61.4 million alone was spent on settling claims relating to GP surgeries, according to NHS Resolution’s annual report.
Claims appear to be on the rise too. In 2018/19 there were 10,672 new cases lodged against the NHS. In 2019/20, that figure rose to 11,682. More figures can be found on NHS Resolution’s statistics page.
How Do You Prove Clinical Negligence?
Just like any other negligence case, it’s necessary to establish three key criteria:
- That the defendant owed you a duty of care
- They breached that duty
- And as a result, you suffered harm
From a medical negligence perspective, the duty of care element is straightforward to prove. If you’re undergoing treatment at, for instance, your local GP or hospital, the healthcare professionals treating your injury or illness will owe you a duty to provide care of the standard expected of them and to inflict no avoidable harm.
Proving breach of duty is more difficult, however. Using legal tools such as the Bolam Test, claimants can assess whether a medical professional has fallen below the standard expected of them. The Bolam Test involves a panel of similarly qualified medical professionals assessing the alleged incident of negligence to determine whether they would have acted differently in the circumstances. If they would have done so, the healthcare professional will likely have breached their duty of care.
The final element, damage or harm, relates to the consequential impact of a doctor breaching their duty of care. Under this, it’s necessary to show that the breach caused or contributed to your injuries. This is otherwise known as causation.
Medical Negligence Claims and the Law
If a patient has a bad or poor experience while receiving medical care or treatment it does not always mean that medical negligence has been committed and this is even more so true when it comes to legal litigation and pursing a claim in court. It is fair to say that a patient can receive poor treatment from a medical care provider but unless such treatment has caused them to suffer further health wise then no claim for medical negligence can be pursed. In order for a victim to make an eligible claim for medical negligence it must be proven that the treatment or care that has been provided by a person who had responsibility for a person’s health has provided a service that was of poor care. Furthermore that care provided must have in some way had a direct effect up on the patient’s health. Within the boundaries of the law a medical negligence case will only be heard if the victim has suffered, it is not enough just for the standard of service to be poor.
For a case to be able to stand up in a court there must be evidence to show that a person of the same capabilities in a similar situation would not have caused or provided the same type of care. In layman’s terms it means that no other health care worker would have caused the negligence that the patient experienced given the same circumstances. In some situations it is not always transparent when negligence has been committed, some victims of Medical Negligence do not suffer the fall out till some time later, or may even ever be aware of the error committed. However, a recent change to the law now means that doctors must admit if a medical mistake has taken place. It is in the effort to prevent cover ups that have in the past meant that many patients have experienced negligence but it has never been brought to light and it has allowed medical staffs to continue to work at a poor standard. Shockingly in the past it was not compulsory for doctors to admit when they had made mistakes therefore many types of medical malpractice was swept under the carpet and as other medical staffs where afraid to tell the appropriate people as they feared being labelled as a whistle blower often medical negligence was not brought to light.
Many critics feel that this statutory Duty of Candour needs to go further as if examined correctly doctors are only admitting to harm that has already materialised, critics believe that any harm whether it has come to the surface or not must be admitted to in order to make a fundamental difference.
Time Limitation Boundaries and Medical Negligence
It is vital to say that in most cases there is a time limitation period and that if claims are not brought in the first three years of the incident happening then they can no longer be pursed. Of course like most things there are exceptions to the rule, as was mentioned previously not all medical mistakes are apparent straight away they may take some time to surface and for this reason a victim of the negligence has three years form discovering the negligence took place to make a claim. If a person is redeemed to have a mental issue then they have three years from the time that they make a full recovery to purse a claim within the courts, if the person is unlikely to make a recovery then there is no limitation and they can make a claim at any time. If a minor is subjected to negligent treatment they have three years from the time they turn eighteen to make a medical negligence claim if they choose to do so.
It is always advised if you believe that you have experienced negligent treatment to seek legal advice as soon as possible while the event is still fresh in a person’s mind and the appropriate witnesses and evidence can be obtained. Leaving such a decision for a long period of time can mean that evidence may be lost or witnesses cannot be found as people move around. Most legal law firms that deal with medical negligence now offer free legal advice without entering in to any legal litigation to people who believe that they have a case for medical negligence. Appointing a solicitor who specialises in the area of medical negligence that a person has experienced is always crucial in order to receive maximum results. Many are always in doubt as to whether to pursue a claim for medical negligence as they fear it is can be a complex case however with the right legal team behind them much of the work is carried out by them and little input from the client is needed.





The field of medicine has advanced at a phenomenal rate in the recent years and that has led to some of the most amazing discoveries that mankind has ever seen in the field of medicine. We are learning more and more about our anatomy every passing day and with each new research, we are taking a step towards a future where we can ensure that all human beings live a long and healthy life, free from all the problems that we are currently facing. The role of both men and women in that development is equally important and at the same time, each of them has their own unique abilities and subsequent responsibilities. Talking about women, it is extremely important to make sure that every effort is being made to ensure their safety and good health since they play a very important role in several parts of the society. Given the fact that women are the ones responsible for bringing children into the world after a long and laborious several months, providing them with the best medical care will only ensure a bright and healthy future for the mankind itself. To find out what the latest developments are in the field of medicine regarding women’s health, keep reading.
In a recent study, there has been a new discovery that could be the answer to why women of a particular age group are having much more heart attacks as compared to men. The age group in question is 30-55 and according to the research which was conducted researchers by Yale, the women are more likely to ignore early warning signs of heart attack by thinking they may be occurring due to some other reason. The study involved interviewing women between 30 and 55 years of age and the results showed that women frequently ignored signs like dizziness and pain. The research strongly suggested that there is an immediate need to educate women at an early stage in identifying what the trigger points are and then being able to spot them in case they occur to anyone during the coming years of their lives. The study also strongly suggested towards the need of change in the attitude towards the problem in order to avoid any unnecessary complications including heart attacks.
The world of medicine has been seeing some of the most amazing advancements in the recent years and one field that has always had the most attention when it comes to curing diseases is cancer. The research for cancer is an on going effort that is being carried out by multiple institutes around the world, each one trying to find newer and more advanced and effective ways of treatment. The end result is a whole stream of researchers that are thinking in every possible direction to combat the different types of cancer that we have discovered over the years. However, the thing that is really important for us is to know what these researchers have been up to and what are the latest findings regarding cancer so that we may be more aware about the possibilities. To help you with that, we will share some of the most important cancer related news here so that you can be well informed about the top stories in the fight against cancer.
The consumption of cola is something that has been spreading an air of panic in the medical circles for a very long time now and the negative impacts that it has on health are no secret. We are quite familiar with the direct relationship that consuming cola has with the onslaught of obesity and several other serious problems as well. However, in a recent study conducted in the United States, solid evidence has been revealed that shows how the consumption of cola can also lead to an increase risk of cancer. The study showed that drinks that involved the use of caramel colouring in their manufacturing led to the production of a carcinogen termed 4-methylimidazole (4-MEI) and consuming drinks that involve the use of caramel colouring like cola can lead to the production of 4-MEI to a level that can potentially cause cancer. More than 110 brands were tested and it was also mentioned that consuming these drinks can take the exposure to 4-MEI to an amount greater than 29 mcg, the point above which the onslaught of cancer is triggered for every 1 in 100,000 people.
The world of medicine is extremely fascinating and taking a deep look into the achievements that we have made over the years makes us realise how far we have come. However, this fast growth is actually quite necessary to keep up with the way new diseases are spreading around us and only a non-stop effort can make sure we are not overtaken at any point. While all this and the countless technological advancements in medicine may be something that would keep us fascinated for a long time, we also need to be reminded that there is nothing more powerful than the nature itself. In the recent years, experts in the field of medicine have started to delve into something that has been around for a much longer time than modern medicine and it is the field of alternative medicine. Using formulae derived from nature and using them to cure problems that we thought were otherwise untreatable is a big marvel in itself. Finding out about the developments in this field and using it to our advantage is something that we should really be keen about and to help you with that we are sharing some of the latest developments in the field of alternative medicine so keep reading to find out more.
In a recent study, scientists have found evidence that involving patients of arthritis in exercise programs that are based in the hospital can have a really good impact on their overall physical condition. The study was conducted by Hospital for Special Surgery (HSS) and the results of the study were quite amazing. A huge number of patients that were a part of the program not only showed improvements in their physical condition, they also showed a noticeable amount of flexibility while performing routine tasks. The medical tests that were taken after the exercise also showed clear signs of improvement in their musculoskeletal health and it was concluded that these practices were having a very positive impact on the patients. The researchers highly recommended that hospitals develop such programs to facilitate the patients in improving their conditions and also said that HSS will continue to provide this service to all its patients in the future.
The use of technology in the field of medicine has had a tremendous amount of positive impacts and in recent times, there has been a new development that seems to be taking it to a whole new level. The Humber River Regional Hospital in Toronto is breaking ground for a whole new institution that will be seeing much more technologically advanced environment than you would find in a traditional hospital. The focus of this new hospital is to provide patient-centred care to every individual that comes to this new hospital for treatment. The whole idea behind this is to use technology for creating an environment that is capable of performing integrated communication between the patient, the staff and the relatives of the patient. The introduction of digitised systems in areas that are related to quality assurance will mean a much more efficient and greener delivery of service. Patients will experience the maximum amount of comfort, privacy and security in this new institution and as a result, this hospital will be the first of its kind in all of northern America.
The Mayo Clinic in Minnesota achieved a whole new level in eye surgery when recently they operated a 68 year old man and gave him a bionic eye implant. The second implant that was placed into his right eye had an electronic chip with it too which together with the implant is capable of bypassing the damaged retina and send light wave signals to his optic nerve. The patient whose name is Mr. Allen Zderared started losing his sight about two decades ago due to retinitis, an incurable eye disease and by 2005 his sight was completely gone due to which he also had to stop working. After the implant, the scenes were quite emotional as the man started to see again after such a long time and hugged his wife who he recognized after all this time in blindness. The doctors also praised Mr. Allen as a very courageous and remarkable man who kept on going through all those years and dealt so bravely with his disability. The process of restoration is slow but steady and now Mr. Allen can make out shapes and recognise himself in the mirror. Seeing this amazing feat of medical science shows how far we have come and what we are capable of and it also opens doors for new possibilities in terms of medical research.
The field of medicine is not like any other field of study. The work that is performed here has a direct impact on our lives and this is why there is a need to have very strict rules in the code of conduct for every medical institute. This includes hospitals, medical training institutes and other academic and practical entities. In most of the places, you will find that there actually are good and strict codes of conduct in place that ensure a responsible working environment in all aspects. However, not everyone acts the way they should and there are often incidents reported that involve malpractice and medical negligence. While most of the times it is not directly related to any person or patient, there are even cases where the lack of diligence results in the loss of lives. While addressing these issues is extremely important in every part of the world, it is also just as important that we are well aware of the problems that are occurring around us in this regard. Keeping yourself informed about these incidents is actually important if you want to make sure you don’t find yourself in a bad situation. To help you with that, we will be sharing some of the latest news regarding medical negligence here so keep reading to find out more.
Tests like this have been conducted several times in the past and have brought the same results every time. It is a very common sight to see that a drug that you see on the television suddenly ends up in your doctor’s office as well. In a recent test, it was seen that whenever patients went to the doctors and named a certain drug, there was a huge chance that they will be prescribed that drug. A test that was done in the past with Paxil showed the same scenario as the patients, even those who didn’t have any depression, when they took the name of Paxil; it became highly probable that they will be prescribed Paxil by the doctor. What it really has shown over and over and even in this recent test is that doctors are becoming less and less careful about their practice and could simply be termed as glorified drug dealers for pharmaceutical companies.
Nature has created countless amazing phenomena that continue to dazzle us every day and when it comes to the field of medicine, there is nothing as phenomenal and amazing as pregnancy and childbirth. Understanding the process of human birth and observing its developments is something that everyone should do because as adults, all of us will at some point come into a situation related to this. Considering that, it is important to make sure that we know what’s what and then be prepared for every possible scenario. One of the ways you can do that is by keeping yourself abreast with the latest developments in the field of pregnancy and to help you with that, we are sharing some of the latest and most important news regarding pregnancy. Read on to find out more about it.
Arsenic is one of the most dangerous elements to consume as it can lead to the development of very serious diseases like cancer and several gastrointestinal disorders. There are several other diseases too that can be caused from a high level of exposure to arsenic. According to a recent study, it has been found that the babies who are not fed breast milk by their mothers carry an amount of arsenic that is 7.5 times more than what is found in breastfed babies. Even in places where the mothers were drinking water with high arsenic content, the level of arsenic that the baby was being exposed to was much lower if it was being breastfed. The study was based on a research that included nine mothers whose ages were between 18 and 45 and thorough testing was done before the results were released. Not only were the arsenic levels so much lower in breastfed babies, the research also found that the babies who were not breastfed often showed immediate improvements in their arsenic levels when breastfed after a long time. It has been found that a major source of this arsenic is from the water that is derived from the wells. The researchers strongly urged that the households that used water from the well should get their water tested for arsenic to determine if it is safe to drink or not. But the one thing that is very clear is that using baby formula is really not the right thing to do at all.
The health concerns that are related to men are given a lot of attention and it does not in any way mean that women are being looked into less than men for finding potential problems and solving them. However, since we are talking about men, it is important to understand that men work in a specific manner that has always been there and since there are clear physical and mental differences in men and women, understanding them also requires a different approach. The scientists have been busy studying the evolution of human males for a long time now and in that process they have also been discovering all the present and potential health related issues in men. It doesn’t matter if you are a man or a woman because in one way or another, it is important for you to understand the biological discoveries being made in the study of men. Knowing what the recent studies have been discovering in this area can be of great importance to you and to help you with that, we will be sharing some of the most recent and important medical developments in the field. Keep reading to find out more about these developments.
We are all very familiar with how smoking can lead to an onslaught of cancer and the damage is not limited to just the lungs in a lot of cases. However, in a new study, the researchers have gone towards the root of the problem and have identified something that they already discovered from another angle. The study discovered that smoking also led to a loss of Y chromosomes in men and several earlier studies have already shown how Y chromosome loss is directly linked to the formation of cancer. Another study also showed that as compared to female smokers, it was a much more probable thing in men to develop cancer in places other than their respiratory tract. However, the good news is that the loss is only shown in people who are currently smoking. Even the men who used to smoke heavily but had quit showed the same number of Y chromosomes as those in men who never smoked at all. This means the process of damage is also reversible which very encouraging news for those who are planning to quit.