Legal tests for medical negligence

At Taylor Rose, we understand that the decision to pursue a medical negligence claim can be a difficult one. If you or a loved one has suffered harm due to substandard medical treatment, it’s important to know whether your case meets the legal requirements to make a successful claim.

Below, we outline the legal tests that must be satisfied for a medical negligence claim to be successful in England and Wales.

What Is Medical Negligence?

Medical negligence, also known as clinical negligence, occurs when a healthcare professional, such as a doctor, nurse, dentist, or surgeon, fails to provide the standard of care that a reasonably competent professional would have provided under similar circumstances. If this failure results in harm or injury, you may have grounds for a medical negligence claim.

The Three Essential Legal Tests

To succeed in a medical negligence claim, you must satisfy three key legal tests: duty of care, breach of duty, and causation. These elements form the foundation of any successful claim in England and Wales.

1. Duty of Care

The first step is to establish that the healthcare professional owed you a duty of care. In almost all medical settings, this is straightforward:

Doctors, nurses, dentists, and other medical practitioners are legally obligated to provide care that meets an accepted standard.

The existence of a duty of care is generally presumed when you are treated by an NHS or private healthcare provider.

If you were under the care of a healthcare professional, it is likely that this first test is easily satisfied.

2. Breach of Duty (The Bolam Test)

Once a duty of care has been established, you must show that the healthcare professional breached that duty by failing to provide the standard of care expected of a reasonably competent professional in their field. This is where the Bolam Test comes into play:

According to the Bolam Test (from the landmark case of Bolam v Friern Hospital Management Committee), a healthcare professional is not negligent if their actions would be accepted as proper by a responsible body of medical opinion.

In other words, if other competent professionals in the same field would have acted similarly, it is unlikely that the care provided will be deemed negligent.

However, a breach may be established if it can be demonstrated that no reasonable body of medical professionals would have acted in the same way.

The Bolam Test helps determine whether the standard of care provided fell below what could reasonably be expected.

3. Causation (The ‘But For’ Test)

Even if you can prove that there was a breach of duty, it is not enough to establish medical negligence unless you can also prove causation. This means showing that the breach of duty directly caused the harm or injury you suffered.

The key question is whether the injury or harm would have occurred “but for” the healthcare professional’s negligence. If the injury would have happened regardless of the breach, then causation cannot be established.

This can be the most challenging element of a medical negligence claim, especially if the patient was already ill or injured prior to the treatment in question.

Causation often requires detailed medical evidence, expert opinions, and careful analysis to demonstrate that the negligence, rather than any pre-existing condition, directly resulted in the harm suffered.

The ‘Balance of Probabilities’ Standard

It’s important to note that in civil cases like medical negligence, the legal standard for proving your case is the balance of probabilities. This means that you must demonstrate that it is more likely than not (i.e., over 50%) that the breach of duty caused your injury.

Why Choose Taylor Rose?

Pursuing a medical negligence claim can be complex, requiring expert knowledge and a deep understanding of medical and legal issues. At Taylor Rose, our dedicated team of specialist solicitors is here to guide you through every step of the process, helping you gather the necessary evidence and navigate the legal tests required for a successful outcome.

If you believe you’ve been affected by medical negligence, don’t hesitate to reach out to us. We offer a free initial consultation to discuss your case, explain your options, and determine whether you have a viable claim.