I was injured in medical treatment. What is clinical negligence?

What the Law Says

Clinical negligence (also called medical negligence) is not defined in a single statute, but its legal framework rests on common law principles of negligence, applied to healthcare professionals. The key statutory rule governing time limits for bringing a claim is found in the Limitation Act 1980.

To succeed in a clinical negligence claim, you must prove three things: (1) the healthcare provider owed you a duty of care; (2) they breached that duty by falling below the standard expected of a reasonably competent professional; and (3) that breach directly caused your injury or harm.

The standard of care is assessed using the 'Bolam test' — whether the defendant’s actions were supported by a responsible body of medical opinion. This principle comes from case law, not statute, but remains central to UK clinical negligence claims.

The Limitation Act 1980 sets strict deadlines for starting court proceedings. Missing the deadline usually prevents a claim, even if it’s strong on the facts.

Statutory Text

In the case of actions for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statute or independently of any contract or any such provision) where the damage consists of personal injuries, the limitation period is three years from the date on which the cause of action accrued or the date of knowledge (if later).

— Limitation Act 1980, s. 11 — Actions in respect of personal injuries

What to Do

Sources