What is a Medical Negligence Claim?

The test for medical negligence is, in a sense, quite ‘Doctor friendly’.

The Courts recognise that everyone can make a mistake – even a reasonable competent medical practitioner.

Such mistakes (those which any reasonable competent skilled professional exercising due care and diligence could make) are not actionable in law.

Rather, it needs to be established, primarily through the evidence and opinion of a specialist in the same area, that the particular doctor, dentist, hospital, nurse or other healthcare professional who treated you made a mistake which no reasonably competent person/organisation could have made.

This is known as the ‘Bolam test’.

It is named after a 1957 decision of the Courts in the case of Bolam -v- Friern Hospital Management Committee [1957] 2All ER 118.

With minor modifications, the test in the Bolam case still stands true today.

The Bolam test is one of a number of reasons why medical negligence litigation is difficult and only practised by a small number of specialist lawyers and firms, such as Fairweathers Solicitors LLP.

One of the most important aspects of what we do is to work with a large team of expert clinicians, mainly Consultants, the length and breadth of the country, in analysing our clients’ cases.

At the heart of that work with our experts is having them scrutinise whether negligence has occurred in your case – according to the Bolam standard.

To enable us to consider your case please submit your case details.