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What Is The Bolam Test In Medical Negligence Claims?

If you have been searching for information on making a compensation claim, you may have come across the Bolam test for medical negligence. This test is often used as evidence in medical negligence claims, but what exactly is it, and how could it help you? Our guide aims to explain these questions and more.

In this guide, we will first provide an outline of what the Bolam test is and how it came about. We’ll also examine how the Bolam test might be applied in a medical negligence claim through some example scenarios. As you continue reading, you’ll learn about what a duty of care is and how it relates to the Bolam test.

Finally, we take a look at some of the benefits of working with one of the experienced No Win No Fee solicitors from our panel. They’ve taken on claims nationwide, helping clients win the medical negligence compensation they deserve.

If you have any questions about the Bolam test or medical negligence, our advisors are here to provide you with free and confidential support. They’re available 24/7 and can also provide you with a no-obligation case assessment. To get in touch and see if you have grounds to make a medical negligence claim, use the details below:

Medical practitioners gather round a table to discuss whether a claimant suffered due a doctor failing to provide the appropriate standard of care

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  1. What Is The Bolam Test?
  2. Bolam Vs Friern Hospital Management Committee
  3. What Was The Outcome Of The Trial?
  4. How To Apply The Bolam Test To Medical Negligence Claims
  5. Establishing A Duty Of Care With The Bolam Test
  6. Get Free Advice From Medical Negligence Claims Care
  7. More Information

What Is The Bolam Test?

The Bolam test is used to assess whether the care that a patient received from a medical professional met minimum expected standards. In short, it is a peer review performed by medical professionals with training that is appropriate to the case.

These peers assess whether the standard of care provided would be acceptable and proper to a responsible body of medical opinion from the same field. If someone like a doctor is found to have acted in accordance with that medical opinion, then they may not be deemed negligent.

If you’d like further information on what the Bolam test in medical negligence claims is, you can speak with our team for free advice. You can also keep reading this guide to find out how the Bolam test came into being and the impact it can have on medical negligence claims. 

Bolam Vs Friern Hospital Management Committee

The Bolam test is named after a 1957 court case, Bolam vs Friern Hospital Management Committee. This case was brought about following the experiences of a patient who received electroconvulsive therapy (ECT) voluntarily. Prior to the procedure, he was not restrained nor given any muscle relaxants. If a doctor had taken these steps, it may have prevented muscle spasms or contractions, as ECT comes with a risk of fractures to the bones.

As a result, the patient suffered serious harm and pursued compensation. He claimed that negligence occurred due to the failure to:

  • Provide him with a muscle relaxant
  • Restrain him during the procedure
  • Inform him of the risks associated with the ECT treatment

You can speak with an advisor if you would like a further understanding of this case, or keep reading to find out the outcome of the trial.

What Was The Outcome Of The Trial?

The High Court found in favour of Friern Hospital and determined that normal practice was followed for administering ECT. In their judgement, the jury determined that the hospital was not negligent in how it performed the treatment. At the time, muscle relaxants were not widely accepted by medical opinion, while restraints occasionally increased the risk of fractures occurring.

This may be your first time reading about the Bolam case, so please do not hesitate to contact an advisor for further details. They can answer any question you might have about it or how the Bolam test affects medical negligence claims.

How To Apply The Bolam Test To Medical Negligence Claims

In order to apply the Bolam test to medical negligence claims, it needs to be established that a professional like a doctor acted in a way that fell short of minimum expected standards.

While the Bolam test is not always required, it can sometimes be difficult to assess whether medical negligence has occurred. Therefore, it may be judged that your case will benefit from the expert insight of relevant medical professionals.

Examples of how a Bolam test may help to prove that medical negligence occurred include:

  • A panel of medical professionals determine that you underwent unnecessary surgery because a surgeon misread your scan results. This led the surgeon to wrongly conclude you needed to have a leg amputated, leaving you with reduced mobility and causing long-term depression.
  • A Bolam test for medical negligence concludes that a nurse failed to correctly read the label on your medication, resulting in the wrong dosage being prescribed. This medication error causes an overdose, leaving you hospitalised and suffering from liver damage.
  • A doctor misdiagnoses a patient when they mistake the typical symptoms of breast cancer for a cyst. The medical panel determines that the doctor didn’t perform an adequate check-up or order diagnostic tests. As a result of this medical misdiagnosis, the cancer spreads and becomes much harder to treat.

You can contact our advisors for further advice on what evidence might be required to support a medical negligence claim. They can discuss your specific experiences and help see if you could be connected to one of the No Win No Fee solicitors from our panel.

A female patient lies in a hospital bed

Establishing A Duty Of Care With The Bolam Test

Since its introduction, the Bolam test has become a benchmark for establishing a duty of care owed to patients. For a claim involving clinical negligence to be potentially valid, it needs to meet the following criteria:

  • A duty of care was owed
  • That duty was breached
  • The breach directly resulted in avoidable or unnecessary harm

As there is no specific legislation in place to determine the exact duty of care owed to a patient, the Bolam test can be helpful in medical negligence claims. However, there are limits to the Bolam test for medical negligence.

In particular, the Bolam test’s scope may be potentially narrowed by its focus on current standards of medical care rather than on best or alternative practices. Additionally, some have criticised the test for placing too much value on the opinions of medical experts.

Therefore, the National Institute for Health and Care Excellence (NICE) has established clinical guidelines for the government, the NHS and patients. NICE is a non-departmental public body which uses evidence-based recommendations to inform their guidelines. These aim to support the knowledge and skills of medical professionals while establishing a guide to improve health and care for England and Wales.

You can contact our team at any time if you would like to discuss the guidance that medical professionals should follow or the limits of the Bolam test on medical negligence.

Get Free Advice From Medical Negligence Claims Care

You can get free advice from our team 24 hours a day. Our advisors are always ready to help, whether that’s to answer any questions you have about the Bolam test or provide guidance on how medical negligence can be proven. They can also assess the validity of your case and potentially connect you to a medical negligence solicitor from our expert panel.

Our panel of solicitors represent clients through a Conditional Fee Agreement (CFA). This type of contract works on a No Win No Fee basis, meaning you won’t have to pay any solicitor fees:

  • Before your medical negligence case begins
  • While your case is underway
  • If you do not receive compensation

In the event that you do win, you will pay a success fee to your solicitor. This is the percentage of your compensation that you give to them for their services. There is a cap on the percentage of how much can be taken, so you can rest assured that you will keep the majority of what you get.

Besides the benefits of a CFA, working with one of the solicitors from our panel can give you access to a range of services, including:

  • Helping obtain evidence to support your case
  • Negotiating a settlement on your behalf
  • Explaining the claims process and any terms you’re unfamiliar with
  • Providing regular case updates and handling correspondence on your behalf

With decades of combined experience in handling medical negligence cases, they have the expertise needed to support you at every stage of the claims process. They’ve successfully represented people across the country, and you could be next.

Contact Us

If you’re ready to get started, reach out today to take your first steps towards claiming the compensation you deserve. There are no obligations once you get in touch, so please don’t hesitate to use the details below for free and confidential advice:

Solicitors sit at a desk taking notes on using the Bolam test for medical negligence

More Information

Read our other medical negligence claim guides:

External resources:

Thank you for reading our guide on the Bolam test and medical negligence.

Advice On How Long You Have To Make A Medical Negligence Claim

How long do you have to make a medical negligence claim? The answer may depend on your specific circumstances, as the claims process can be affected by a range of factors. In our guide, you will find out what the limitation period is and how it applies to medical negligence cases.

Our guide will take a look at how the standard time limit is determined and why the limitation period exists in the first place. We also reveal if there are any exceptions to the time limit and whether there is also a deadline to settle a claim.

You will also read about the benefits of starting a claim as early as possible and what happens when you don’t file in time. Finally, we will explore the advantages of working with our panel of experienced medical negligence solicitors to make a claim for compensation.

At any point in this guide, you can get in touch for free and confidential advice from our team. They’re here 24/7 and are ready to answer any questions you may have as you take the first steps toward:

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Jump To A Section

  1. How Long Do You Have To Make A Medical Negligence Claim?
  2. Why Do Medical Negligence Claims Have A Time Limit?
  3. Exceptions To The Limitation Period
  4. Can I Claim Medical Negligence After 5, 10 Or 20 Years Under Special Circumstances?
  5. The Best Time To Start A Medical Negligence Claim
  6. Does My Claim Have To End Within Three Years?
  7. Free Advice From Medical Negligence Claims Care
  8. Learn More

How Long Do You Have To Make A Medical Negligence Claim?

Generally, you have 3 years to start a medical negligence claim, as established by the Limitation Act 1980. This piece of legislation stipulates that the 3 years will run down from either:

  • The date when the medical negligence occurred.
  • The date of knowledge. This term refers to the point where you reasonably connected your suffering to medical negligence.

There are exceptions to this timeframe under certain circumstances, which we’ll discuss later on in this guide.

Is There A Different Limit For NHS Claims And Private Claims?

No, there is no difference. The standard 3-year medical negligence time limit applies regardless of whether you were an NHS or private patient.

Our team is here 24/7, ready to answer any questions you have. All advice is free of charge, so why not get in touch?

Why Do Medical Negligence Claims Have A Time Limit?

There are several reasons why time limits are applied to medical negligence claims, including:

  • Evidence: Over time, evidence can be harder to obtain in full or may even be lost entirely. For example, data protection laws mean that medical records may be destroyed after a certain amount of time has passed.
  • Recovery: Claimants can access rehabilitative care and other specialist services while also seeking compensation.
  • Rights: A limitation period balances out the rights of both the claimant and the defendant by creating a reasonable timeframe in which to pursue compensation.
  • Accuracy: Involved parties, including claimants and potential witnesses, are more likely to accurately recall specific details about what happened.

For more information about time limits, please get in touch with our team. Or, keep reading as we continue to answer the question of, “How long do you have to make a medical negligence claim?’

Exceptions To The Limitation Period

As we touched on earlier, there are exceptions to the limitation period. Keep reading as we discuss who those exceptions apply to.

Claiming For Vulnerable Adults

Time limits do not apply to vulnerable adults who are mentally incapacitated since they are unable to make a claim by themselves. However, if a vulnerable adult regains their capacity, then the standard 3 years will take effect from the point of recovery. 

There is a way to bring a claim forward while the time limit is on hold. Specifically, a loved one or other eligible adult can take action for them by becoming a litigation friend. This role requires the litigation friend to perform various duties and act in the best interests of a vulnerable adult.

Claims Made On Behalf Of A Child

Minors are not subject to time limits either, as they also cannot start a claim on their own. That means the limitation period won’t begin until the day a child turns 18. The usual 3 years apply from this point, meaning an 18-year-old has until their 21st birthday to file a claim.

As with vulnerable adults, children can use a litigation friend to have their claims started before time limits take effect. Typically, a loved one like a parent will fill the role, but solicitors and professional advocates are amongst the other eligible candidates.

Time Limits For Deceased Persons Claims

In medical negligence claims involving wrongful death, the 3-year time limit runs from either:

  • The date that the deceased passed away.
  • The date of knowledge. In fatal medical negligence claims, this term refers to the point where a death can be reasonably connected to negligence occurring. It can be dated from the findings of an inquest or post-mortem.

However, only the deceased’s estate can make a claim in the first 6 months of their passing, per the Law Reform (Miscellaneous Provisions) Act 1934. After those 6 months, dependants are able to make a claim for themselves under the Fatal Accidents Act 1976 (FAA) if the estate has not already done so on their behalf.

We understand you may have other questions about time limits, so please don’t hesitate to reach out to one of our helpful team members.

A doctor examines a sick child who is lying on a bed next to his mother.

Can I Claim Medical Negligence After 5, 10 Or 20 Years Under Special Circumstances?

Under certain circumstances, it may be possible to start a claim outside of the standard medical negligence time limit. As we’ve already discussed, the limitation period for medical negligence claims can be affected by specific exceptions and something called the ‘date of knowledge.’

For instance, it may take years to establish that your GP negligently misdiagnosed your sprain as a fracture because they misread the test results. By this point, you might have already had unnecessary treatment, leaving you with chronic pain and permanent mobility problems.

If you’re unsure whether you still have time to claim, the best thing to do is to get in touch with our team. They’re here to help, and an advisor can provide you with supportive guidance tailored to your situation.

The Best Time To Start A Medical Negligence Claim

While you don’t have to make a claim straight away, we always recommend starting the process as soon as the clinical negligence occurred. Not every situation may allow for that, such as medical negligence cases involving someone with diminished mental capacity, but there are many benefits for doing so, as you will see next.

Why Is It Important To Start My Claim Early?

Starting your claim early can make the process of gathering evidence much easier, but there are many other benefits. Let’s take a closer look at how it can help clinical negligence cases, particularly when deciding to work with a solicitor:

  • Accuracy: As time goes by, it’s more likely that details will get foggier or be forgotten altogether. Your account of how you suffered because of medical negligence may be fuller and more accurate, which can help a solicitor build a strong case for you.
  • Evidence: The earlier you start, the easier it may be to obtain proof, such as witness statements or medical records showing how something like an incorrect prescription happened. Over time, contact details may change, which could make it harder for a medical negligence solicitor to get in touch with witnesses and collect supporting statements.
  • Time Limits: By filing early, you won’t have to worry about the limitation period affecting whether or not you can claim compensation.
  • Recovery: You may also get earlier access to specialist support, including rehabilitative care. If you win compensation, you’ll also have the funds needed to support your recovery, from home modifications to counselling and physiotherapy.

There is another benefit to making an early claim, which we discuss next.

Interim Payments

In certain medical negligence cases, it’s possible to apply for something called an interim payment. It’s essentially an advance in compensation to help with immediate costs like urgent medical treatment and is paid out before a claim has been settled.

You may be able to apply for an interim payment if it’s likely that compensation will be paid out, or if the defendant has accepted liability for the harm you suffered.

To find out more about the medical negligence claims process or interim payments, please get in touch with our team for free and confidential advice.

Does My Claim Have To End Within Three Years?

No, the 3-year medical negligence time limit only applies to the period when a claim needs to be started. Otherwise, there is no defined timeframe for when a case may conclude. All claims are determined by their individual circumstances, and many factors can influence how long a claim takes to be settled.

Would you like more information about this aspect of the medical negligence claims process? Then, please get in touch with an advisor by using the details listed in this guide.

Free Advice From Medical Negligence Claims Care

Here at MNCC, we understand that there is a lot to take into account when navigating the claims process. That’s why our advisory team is available 24/7 to offer whatever guidance is sought. They can answer any questions you might have about claiming medical negligence compensation and provide you with a free case assessment.

If you’re eligible, you could be connected with one of our panel’s specialist solicitors. By working with them, you may be able to claim through a Conditional Fee Agreement (CFA).

In short, CFAs take the worry out of facing mounting solicitor fees as you won’t pay them:

  • Upfront.
  • During the claim.
  • If you don’t get compensation.

What does that mean if you do win compensation? In that event, your solicitor will receive a proportion of your compensation as payment for their work. However, you’ll keep the vast bulk of your compensation, as the percentage taken is capped by law.

Contact Our Team

Do you have more questions about medical negligence time limits? Or would you like advice on getting started with making a claim? Our team are here 24/7, so please reach out for free, no-obligation advice by using the details below:

A solicitor answers the question 'How long do you have to make a medical negligence claim?' for a client.

Learn More

Below, you can find guides related to various medical negligence cases:

External resources:

As you reach the end of this article, we want to thank you for reading through our answers to the question of ‘How long do you have to make a medical negligence claim?’

A Guide To Reporting Medical Negligence In The UK

Every day, millions of people in the UK access medical care from both the NHS and the private sector. No one expects to leave as a victim of medical negligence, but what can you do if it happens to you? Making a complaint about the care you’ve received can make the health system safer for others, and it can also help you get the answers you deserve.

In this guide, we’ll tell you everything you need to know about how to report medical negligence, from your right to make a complaint to how reporting what happened could help you make a compensation claim.

Contact Us

We hope that our guide will give you all the information you need, but if it doesn’t, our team of advisors are here to help. If you’d like to learn more about reporting medical negligence or making a compensation claim, get in touch with us today for free by:

A woman talks to a doctor about the complaints procedure in a hospital bed.

Frequently Asked Questions

  1. What Are My Rights For Reporting Medical Negligence?
  2. How To Report Medical Negligence In the UK
  3. Who Can I Make A Medical Negligence Complaint About?
  4. Is There A Timeframe For Reporting Medical Negligence?
  5. Once I’ve Complained, Will I Get Compensation?
  6. Am I Able To Make A Medical Negligence Claim?
  7. Will My Complaint Impact My Ability To Claim?
  8. Free Advice From Medical Negligence Claims Care
  9. More Information

What Are My Rights When Reporting Medical Negligence?

If you’ve been a victim of medical negligence, no matter how major or minor, then you have the right to:

  • Make a complaint
  • Seek compensation

Making a complaint about medical negligence can be beneficial for a number of reasons. For starters, it can spur an investigation, which can help you understand what you’ve been through. It can also make the medical system safer for others by making sure that policies are put in place to protect people from similar harm.

However, reporting medical negligence can also help you later on down the line if you choose to make a compensation claim. In this case, you could potentially use your complaint and the results of any following investigations as evidence to support your claim.

Keep reading to learn how to report medical negligence, or contact our team today if you’re ready to get started.

How To Report Medical Negligence In the UK

The first step in reporting medical negligence within the NHS is getting in touch with your local Patient Advice and Liaison Service (PALS). PALS is an NHS service that can help you resolve issues informally, while giving you more information on the complaints process.

File A Complaint

If you can’t find an informal solution through PALS, you can file a formal complaint. To do this, you can either write, email, or verbally speak to a member of staff in the complaints department of the hospital or the surgery responsible.

If you’re making a complaint on behalf of someone else, it can be helpful to get their signature or a written statement from them if possible.

Receive Acknowledgement

After making your complaint, you should receive some acknowledgement from the service responsible. This acknowledgement should give you an idea of what your next steps could be, like an offer for discussion, and should arrive within three working days of making your complaint.

Offer For Discussion

If you accept their offer, then they may invite you to discuss what the complaints process will look like for you going forward. During this discussion, they can give you more information on what kind of investigation they recommend, how long this could take, and what the potential outcomes could be.

Investigating The Complaint

If you decide to proceed, then your complaint may be investigated. During this time, they’ll look at the nature of your complaint, the ways you’ve been harmed, and what could have been done to prevent it. If you aren’t kept updated on the progress of the investigation, you can contact them yourself.

Receive A Written Response

When the investigation is concluded, you should be informed of the results. This should include the findings of the investigation, and the consequences– For example, if a medical professional was struck off, or if policies have changed as a result. You may also get an apology from the NHS trust or the individuals involved, and answers as to why the incident occurred.

If Unhappy, Make An Appeal

If you’re unhappy with the results of the investigation, then you can make an appeal. The details on how to do this should come in the written response you receive about the investigation. For example, they may direct you to the Health Service Ombudsman or the Care Quality Commission (CQC).

This is just general advice for making a complaint to an NHS trust, but if you were harmed by a private practice, the process might be different. Contact our advisors today to learn more about how to report medical negligence and how it could help you through the claims process.

A patient in a hospital bed looks out of the window and waits for treatment from healthcare professionals.

Who Can I Make A Medical Negligence Complaint About?

You can make a medical negligence complaint about any NHS service, and each one has its own complaints service. This includes:

To find out how to report medical negligence under each service, you can check their website or reception area, or ask a member of staff.

However, this doesn’t mean that you can’t complain about a private service. The process might be different, but if you’ve suffered medical negligence, then you have the right to report it and make a complaint.

Keep reading to learn more about the complaints process within the NHS, or contact our team today to find out if you could be eligible to make a medical negligence claim.

Is There A Timeframe For Reporting Medical Negligence?

Yes, the NHS advises that complaints are made within 12 months of the incident or of the harm coming to your attention. This timeframe is in place to make sure that they can carry out a fair investigation, because if too much time has passed, then it can be harder to investigate fully.

If you’re looking to make a medical negligence compensation claim alongside your complaint, you should be aware of the time limit. Under the Limitation Act 1980, you have 3 years to start your claim. This begins on either the date that the negligence occurred, or the date you connect the harm you’ve suffered with negligence. There are also certain exceptions to this time limit.

To learn what these exceptions are or to learn more about how to report medical negligence within the accepted timeframe, speak to our advisors today. Or, keep reading for more information.

Once I’ve Complained, Will I Get Compensation?

No, you won’t get compensation from making a complaint. The complaints process exists to make the medical system safer and to make sure that serious mistakes aren’t repeated and safeguards are put in place.

Learning how to report medical negligence is important because it keeps others safe and helps you get the answers you need. But if you’d also like to pursue compensation, then you could make a medical negligence claim, provided that certain criteria are met.

Keep reading to find out when you could claim medical negligence compensation. Or, speak to a member of our team to get started today.

Am I Able To Make A Medical Negligence Claim?

You can make a claim as long as you can prove that medical negligence occurred. But what is medical negligence?

Medical negligence occurs when a medical professional breaches their duty of care by failing to provide adequate care, thus causing you avoidable harm. All medical professionals owe a duty of care to their patients, and this means that they have a legal responsibility for their well-being. To uphold this duty, they are expected to provide care that meets a minimum standard.

If they fail to meet this standard, and this causes you to suffer avoidable harm, then this is known as medical negligence. For example, negligence could occur if you went to your GP showing clear symptoms of ovarian cancer, but instead of sending you for further tests, they misdiagnosed your cancer as fibromyalgia. This delay in diagnosing the real issue caused the cancer to spread past the point of effective treatment.

Read on to find out whether or not making a complaint will affect your ability to claim compensation, or get in touch with our team of advisors today to get started.

An NHS healthcare professional discusses the NHS complaints procedure with a patient

Will My Complaint Impact My Ability To Claim?

No, complaining won’t affect your ability to claim. In fact, learning how to report medical negligence and making a claim before you start proceedings can be a great benefit to your case. If they undertake an investigation, and this investigation finds that medical negligence occurred, then you could potentially use the results as evidence in your claim.

Having enough evidence is crucial because you need to be able to prove that negligence occurred to have a valid claim. Contact our advisors to learn more about strengthening and supporting a compensation claim, or keep reading to find out how a solicitor from our panel could help you.

Free Advice From Medical Negligence Claims Care

At Medical Negligence Claims Care, our clients are at the forefront of everything we do. We understand that to many people, the claims process can seem complex, and we’re here to help. Our panel of expert medical negligence solicitors have decades of experience, which they can use on a No Win No Fee basis to help you make a claim.

Plus, the solicitors on our panel are dedicated to helping all victims of negligence, no matter their financial standing. Because of this, they offer their clients a Conditional Fee Agreement (CFA), which is a kind of No Win No Fee contract.

Under this kind of agreement, you get top-tier legal help without paying any fees for your solicitor’s work upfront, as the claim is ongoing, or at all if your claim fails.

If it succeeds, then your solicitor will take a success fee. This fee is taken as a small percentage of your compensation, and the percentage they’re allowed to take is limited by law. The legal cap helps to make sure that you keep the larger share of what you receive.

Contact Our Panel Of Advisers

Are you ready to start your medical negligence claim? If you’re ready to get started or if you’re looking for free advice, our team of advisors is here to help. Contact us today to learn more by:

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More Information

For more helpful information surrounding medical negligence claims:

Or, for more resources:

Thank you for reading our guide on how to report medical negligence.

What Is A Breach Of Duty In Medical Negligence Claims?

Have you suffered harm that should have been prevented after receiving medical treatment? If so, you may be entitled to claim medical negligence compensation. However, you must prove that there was a breach of duty of care. In this guide, we explain what breach of duty in a medical negligence claim means, how it can be proven, and some examples of how it could occur.

If you have suffered medical negligence, we are here to help you. Our panel of specialist and dedicated medical negligence solicitors have years of experience in winning thousands of pounds in compensation for their clients. To find out whether you can be the next client they connect with today, simply contact us for free and tell us about your circumstances:

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Jump To A Section

  1. What Is Meant By Breach Of Duty?
  2. The Influence Of The Bolam Test
  3. Medical Negligence Breach Of Duty Examples
  4. What Is The Difference Between Breach Of Duty And Causation?
  5. What Is Needed To Prove Breach Of Duty Medical Negligence?
  6. How A Medical Negligence Solicitor Can Help
  7. More Information

What Is Meant By Breach Of Duty?

Medical professionals owe a duty of care to every patient they treat to provide them with the correct standard of care – a failure to uphold this responsibility is a breach of duty.

To uphold this responsibility, medical professionals must always provide the correct standard of care and ensure it never falls below the standard required of a reasonably competent medical professional in the same discipline. 

Here are some of the duties that medical professionals are expected to take to provide the correct standard of care:

  • Take a patient’s full medical history. 
  • Investigate a patient’s complaints and symptoms properly. 
  • Send the patient for the appropriate and necessary referrals to specialists. 
  • Prescribe an appropriate course of treatment.
  • Make the correct differential diagnosis. 
  • Initiate the action to take all reasonable steps to procure the patient’s health.
  • Have follow-ups with the patient if reasonably necessary.

A medical negligence claim can be made if this breach of duty of care leads to a patient suffering avoidable harm. To check your medical negligence claim eligibility, please give us a quick call today. 

The Influence Of The Bolam Test

The Bolam Test, which resulted from the Bolam v Friern Hospital Management Committee [1957], can be used to help assess what is considered an appropriate standard of care if a medical professional is accused of being negligent.

The Bolam Test is when a group of medical experts trained in the same speciality as the medical professional in question assesses whether or not they would have acted in the same way. As such, it can be proven that a medical professional is not negligent if how they acted is accepted as reasonable and in accordance with a responsible body of expert medical opinion skilled in that particular field.

Amendments From The Bolitho Case

The Bolitho Test, which resulted from the 1997 Bolitho v City and Hackney court case Health Authority, is an amendment of The Bolam Test that can help clarify if an appropriate standard of care has been met. 

The Bolitho Test establishes that a court cannot be bound to deem a medical professional as not negligent simply because a number of expert medical opinions say that the medical professional was in accordance with acceptable medical practice. The medical professional must have had a “logical basis” for their actions. 

This also means that a medical professional can be deemed as not negligent if they acted in accordance with “logical basis” and their expected standard of care, even if a body of expert medical opinions have a contrary view.

A medical negligence solicitor working on a desk with a gavel and set of judgement scales.

Medical Negligence Breach Of Duty Examples

Here are some medical negligence breach of duty examples that could potentially lead to a patient suffering avoidable harm:

  • Medication errors – when a medical professional prescribes the incorrect medication entirely, the wrong dosage of a medication, or provides the incorrect information about how to take a medication.
  • Misdiagnosis or failed diagnosis – when a medical professional misdiagnoses a patient’s condition due to not listening to their symptoms and concerns properly, or because they failed to send the patient for further testing. 
  • Missed fractures – when a medical professional either fails to order an X-ray or misreads test results. 
  • Wrong site surgery – when a surgical procedure is performed on the wrong part of a patient’s body, either due to a medical professional putting wrong information on the patient’s medical documents, ineffective communication, or because a surgeon fails to correctly mark the patient’s intended surgical site. 
  • Retained foreign objects – when a piece of surgical equipment is left in a patient’s body after a procedure, either due to inadequate surgical protocols, fatigue/lack of attention of a medical professional, or ineffective communication. 
  • Unhygienic medical practices – when a medical professional fails to maintain the required hygiene standards.
  • Incorrect use of equipment – when a medical professional fails to use a piece of medical equipment correctly. For example, if a midwife uses forceps incorrectly during labour, this could lead to a birth injury. 

If you believe a medical professional was negligent to you in one of these ways, or in another way that isn’t listed above, please contact us today and tell us about your circumstances. Medical negligence is not limited to the above list, so we might be able to confirm your compensation claim eligibility today.

What Is The Difference Between Breach Of Duty And Causation?

Causation and breach of duty are two separate factors in a clinical negligence claim. While breach of duty is when a medical professional fails to provide the correct standard of care, causation establishes whether the breach of duty directly caused or contributed to the patient’s harm. Breach of duty focuses on the standard of care that was given itself, whereas causation examines the link between this substandard care and the harm suffered.

If you connect with a medical negligence lawyer from our panel, they will work hard to try and ensure that both breach of duty and causation is proven in your medical negligence claim, so that you have the best chances of receiving compensation.

What Is Needed To Prove Breach Of Duty Medical Negligence?

Here are the best types of evidence that could help prove breach of duty in a medical negligence claim:

  • Copies of X-rays, scans, and test results.
  • Copies of your medical records that show any diagnoses and treatment you received, or any allergies you suffer.
  • A personal diary where you’ve recorded what symptoms you have. 
  • Copies of your prescription, packaging, or forms. 
  • Copies of correspondence (either through letters or emails) you’ve had with the medical institution or professional from whom you received the negligent treatment. 
  • Contact information from anyone who witnessed your negligent treatment, such as a family member who attended your appointment with you.

It is in your best interest to collect as much of the above as possible. If you are concerned about gathering all of this yourself, please do not worry. If you are connected with a solicitor from our panel, they will be able to collect your evidence for you to save you the stress. Please contact us to see whether a solicitor from our panel can help you today.

How A Medical Negligence Solicitor Can Help

If you are looking to make a medical negligence claim, a specialist No Win No Fee solicitor from our panel could help you tremendously in many ways. This is just some of the work that they can do for you:

  • Collect your evidence. 
  • Communicate with all relevant parties, including the defendant, on your behalf. 
  • Put you in touch with different rehabilitation specialists. 
  • Help you apply for interim payments, if you’re eligible to receive them. 
  • Use their years of experience to ensure that your settlement is correctly representative of your suffering and losses. 
  • Communicate with you clearly about any progress on the case, without the complicated legal jargon.

Additionally, because our panel of solicitors work with their clients on the terms of a Conditional Fee Agreement (CFA), this means that you have:

  • No upfront or ongoing fees to pay for your solicitor’s work. 
  • No fees to pay for your solicitor’s work at all if the claim is not successful. 

If the claim is successful, your solicitor will just keep a small percentage of your settlement. This small percentage is otherwise known as the ‘success fee’, and is legally capped to make sure that the clients always get the majority of their settlement. 

Contact Medical Negligence Claims Care

Our panel of solicitors have:

  • Decades of combined experience working on medical negligence cases. 
  • Had the highest level of legal training. 
  • Won thousands of pounds in compensation for previous clients. 
  • Taken on medical negligence claims from all over the country. 
  • Dedication in providing you with the best client service possible. 

So, if you believe a medical professional breached their duty of care, and this led to you suffering harm, please don’t hesitate to contact us today. It’s free to chat to us, and we could connect you with an expert solicitor from our panel if you’re eligible for compensation:

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More Information

For more information about medical negligence claims, you can browse a few of our similar guides:

Additionally, you might get some useful information from these other pages:

  • General Medical Council (GMC) – find out more about what good medical practice is expected of doctors.
  • Royal College of Nursing (RCN) – find out more about what duty of care is expected of nurses.
  • Care Quality Commission (CQC) – find a hospital and check their quality of care.

Thank you for reading our guide on breach of duty in medical negligence claims. Please don’t hesitate to contact us if you have a claim enquiry – we want to help you get the financial justice you deserve if you’re eligible for compensation.

Learn What Is A Litigation Friend And About Claiming On Behalf Of Another Party

If someone suffers harm due to negligent medical care, they may make a medical negligence claim. However, not all those harmed may be able to claim on their own behalf. Where a claimant is considered a protected party and can not manage their own legal affairs, either due to being a minor (under 18) or due to lacking the necessary mental capacity, a litigation friend may help them to claim compensation. But, what is a litigation friend?

In this guide, we answer the question “what is a litigation friend”, explaining their role in helping protected persons to claim compensation. Our guide contains information on when a litigation friend may be needed, who could be appointed to act as one and what responsibilities they have. Additionally, there is information on how the claims procedure works and how a solicitor may help.

Learn more about claiming on behalf of someone else by,

A adult may act as a protected party's litigation friend.

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What Is A Litigation Friend?

A litigation friend is someone appointed by the court and who acts on behalf of a child or other protected party during a compensation claim. Acting on behalf of a protected party, their role may be to conduct legal proceedings and make decisions with the person’s welfare in mind.

Later in this guide we will look at who could act as a litigation friend. Vulnerable or protected parties include:

  • Those under the age of eighteen, legally considered minors.
  • Those who lack the mental capacity to claim. This capacity is assessed in line with the Mental Capacity Act 2005.

A litigation friend may work with a No Win No Fee solicitor on the claim and may need to conduct court proceedings, advocating for the person’s views and best interests.

Learn more about how to claim for another person by discussing your case with an advisor.

In What Circumstances Is a Litigation Friend Necessary?

If a claimant lacks the capacity to conduct or manage their case independently, it may become necessary for a litigation friend to become involved in legal proceedings. This may occur where the individual lacks the ability to understand or make decisions related to their case.

Children under the age of eighteen are legally considered minors and thus deemed to lack the capacity to conduct legal proceedings on their own behalf. In cases involving minors, a litigation friend is required to act on their behalf. For example, a parent or other family member could act as a litigation friend if a child suffered a birth injury, such as Erb’s palsy.

A litigation friend may be appointed to act on behalf of an adult where mental illness, disability or cognitive impairment prevents the person harmed from being able to do so. For example, a serious medication error could lead to someone suffering a serious brain injury and being unable to conduct proceedings on their own behalf.

For those over the age of eighteen, mental capacity may be assessed under the aforementioned Mental Capacity Act 2005. Any assessment may need to take into consideration the individual’s ability to comprehend details of the case, make decisions and communicate these effectively to a solicitor or other party.

In either instance, the appointment of a litigation friend helps to ensure the rights and interests of the individual harmed are represented.

Find out more about the circumstances in which you could act as someone’s litigation friend by speaking to an advisor.

A gavel and stethoscope sit on a desk.

Court Of Protection

Where individuals have been left unable to make decisions for themselves, such as due to meningitis negligence or a delayed diagnosis of a stroke resulting in a brain injury, the Court of Protection may need to take action on their behalf.

The Court of Protection is a specialist court. It was established by the Mental Capacity Act with the purpose of making decisions on behalf of those who lack the mental capacity to do so themselves.

These decisions may cover matters ranging from health and welfare arrangements to finances and care. The Court of Protection may be responsible for decisions relating to,

  • When someone has the capacity to make their own decisions.
  • Who can become a deputy and appoint them.
  • Applications where decisions must be made urgently.

The court should take the vulnerable person’s wishes into account before making a decision in their best interests and safeguarding their rights. Where there is not a suitable friend or family member to act as a litigation friend, the Court may instead appoint the Official Solicitor to act on the individual’s behalf.

By taking action where necessary, the Court of Protection can play a vital role in protecting the rights of adults lacking mental capacity to claim themselves. Find out more about when a case may be referred to the court by speaking to one of our advisors.

Can Anyone Act As A Litigation Friend?

Whilst a close friend or family member may often act as a litigation friend, anyone can do so as long as they are able to fulfil the role in a fair and competent manner. As someone’s litigation friend you may be asked to conduct court or other legal proceedings.

Parties who could act as a litigation friend include,

  • Parents, guardians and other family members.
  • Professional advocates, such as an independent mental capacity advocate.
  • Personal injury solicitors.
  • Court of Protection Deputies.
  • Those with power of attorney.

In order for a litigation friend to be appointed, the proposed candidate must meet certain suitability criteria. The court will need to be satisfied that there are no conflicts of interest and that they can make fair and competent decisions.

In certain circumstances, there may not be any suitable adults who can act as a litigation friend. This is where the case may be taken up by the Official Solicitor. There will need to be funds available to meet the Official Solicitor’s costs. If the individual harmed is an adult, a medical professional must confirm that they lack the capacity to manage their own case.

If you wish to act on behalf of someone else in their claim, such as on behalf of a mother harmed by maternity negligence, you may request to do so or be appointed by the court. Our team could provide advice as to who could make a claim.

A baby is in an incubator.

A Litigation Friend’s Responsibilities

As already outlined, the litigation friend is responsible for representing the individual harmed in their claim. Duties and responsibilities may include,

  • Being able to competently conduct proceedings on behalf of the person harmed.
  • Receive legal documents and updates from the solicitor working on the case.
  • Providing instructions to the solicitor in line with the claimant’s wishes.
  • Updating the claimant about the court case, informing them of any progress and conveying their wishes to the court.
  • Paying costs as and when ordered to do so by the courts.

One of our advisors could provide more information on the responsibilities of a litigation friend.

What’s The Litigation Friend Procedure?

A solicitor from our panel could help you to apply to be a child or protected party’s litigation friend. To make a successful application, you will need to:

  1. File a certificate of suitability in which you explain your suitability for the role. This must be filed with the court prior to you acting on behalf of someone else.
  2. If applying to act for a protected party, a copy must be sent to their carer, legal deputy, attorney, or the person. If applying to act for a child, such as in a cerebral palsy claim, you must send a copy to their parent, guardian or carer.
  3. File a certificate of service, which confirms how the certificate of suitability was sent and to whom.
  4. Send both certificates and the claim to the court.

If you are already the person’s legal deputy, you should provide the court with the relevant court order. You will not need to complete the steps above.

When Will A Litigation Friend Stop Acting On Behalf Of The Claimant?

The responsibilities of a litigation friend will usually end following the resolution of the court case. However, this does not always happen.

  • If you are acting on behalf of a child your responsibilities may extend beyond the end of the claims procedure. Money awarded to under-18s may be placed in a Court Funds Office (CFO) account. In this case, you will need to remain as a point of contact for the account till the child turns eighteen, or the funds are paid out.
  • Where an adult who did not have the capacity to act in their own interest gets or recovers the capacity to do so.
  • You may step down from the position voluntarily if another party applies to take over your role in the claim.

Get in touch with an advisor to find out more about the process of acting as someone’s litigation friend.

A child undergoes painful dental treatment.

Can Litigation Friends Impact The Success Of A Claim?

In most instances, the use of a litigation friend will not fundamentally impact or affect the compensation claims process. However, the involvement of a litigation friend does ensure that the court approves the compensation settlement. Having a litigation friend can also safeguard and protect the interests of the claimant.

Please talk to one of our advisors if you have any concerns about how being appointed as a litigation friend may impact a case.

To Become A Litigation Friend, Will I Need A Solicitor?

You do not need to work with a solicitor in order either to make a claim on your own behalf or to act as a litigation friend. However, we believe that there are benefits to claiming with a specialist medical negligence solicitor from our panel.

A solicitor could help you with steps such as applying to become a litigation friend, collecting evidence to support a claim and filing the case with the court. In addition, they could help you through a Conditional Fee Agreement. This is a type of No Win No Fee claim under which you will only pay for your solicitors work in the event a case is successful, if it isn’t, there will be nothing to pay. If the claim is successful your solicitor will deduct a small percentage as a success fee. This is capped under law.

Contact Medical Negligence Claims Care

Talk to one of our trained advisors today. They could evaluate your case and determine whether you have a valid claim. If so, they could connect you with one of our panel of No Win No Fee medical negligence solicitors.

A solicitor explains how to become a litigation friend.

More Information

In this final part of the guide, you can find more information about how a solicitor could help you.

Below, you will find resources relevant to claiming on behalf of another person.

We hope our guide has answered the question, “what is a litigation friend?” Contact us for further help.