Medical negligence meaning

The following are some of the features and factors (not all of which will be readily discoverable at a very early stage) to consider when assessing whether a claim is appropriate for the LVI defence: The respective weight of both vehicles: a heavier vehicle striking a lighter one creates a greater impact than a crash between vehicles of comparable weight. Age and design of the vehicle: some models provide better shock absorption, for example with large bumpers. Location of impact: a direct rear-end hit passes more energy than a collision at an angle. Presence of a tow bar: a tow bar channels impact energy through the car, increasing injury risk. Handbrake applied: engaging the handbrake reduces the likelihood of injury. Claimant’s age and sex: females face a higher chance of whiplash, and risk rises with age. A pre-existing medical condition: heightens susceptibility to whiplash injury. Whether the claimant anticipated the impact and braced themselves: bracing diminishes the risk of neck...

The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (RTA Small Claims Protocol) is engaged for collisions taking place on or after 31 May 2021. For RTA personal injury matters, the small claims track cap for general damages—covering pain, suffering and loss of amenity (PSLA)—now stands at £5,000, save for exceptions in CPR 26.10 and CPR 26.11. The protocol is intended for situations where a person has sustained injuries in a road traffic accident (including, though not confined to, whiplash) and wishes to pursue compensation, provided the sum claimed for the injury does not exceed £5,000 and the value of the case does not exceed £10,000. It operates for claimants pursuing personal injury compensation from RTAs within these injury and overall value limits. For additional guidance on using the RTA Small Claims Protocol, consult Practice Note: The road traffic accident small claims protocol...

Claimant Claimant's history Has the claimant previously pursued personal injury claims? This can be verified via the Claims Underwriting Exchange (CUE) database, which records all claims that have been lodged with an insurer. Nature of the injuries Do the reported injuries align with, and are they proportionate to, the overall seriousness of the collision event? High occupancy A crowded vehicle (ie several passengers) does not, by itself, prove fraud, yet it may still be relevant where an accident is alleged to have been engineered or staged. No reason to stop Where the defendant maintains the claimant’s car braked without cause, this may potentially point to a set-up incident. Late reported claim Although claimants ordinarily have three full years to bring a claim, when a claim reaches an insurer more than six months after the accident date, without any credible reason at all (eg a prolonged hospital stay, or the claimant’s insurer struggled to identify the defendant’s insurer), there is a...

JXX (a protected party by his litigation friend ABB) v Archibald [2025] Lexis Citation 43 In JXX (a protected party by his litigation friend ABB) v Archibald [2025] Lexis Citation 43, Costs Judge Rowley addressed a challenge where the defendant said the claimant’s Bill of Costs was defective because no expert fee notes were supplied and there were no separate itemisations for the medical agency’s charges and the experts’ own fees. The defendant invited the court either to strike out the Bill or to assess the expert fees at nil. Having examined the key points, the judge concluded that comparisons could be drawn with the often sparse detail on counsel’s fee notes, which still require judicial scrutiny. Mr Mallalieu submitted—and the court accepted—that further particulars can be demanded where necessary. However, on a standard basis assessment the evidential burden rests with the receiving party. If a terse invoice prompts the court to doubt whether a bare figure on a fee note is reasonable, it is the receiving party who...

What rehabilitation involves Rehabilitation is a broad umbrella term. At its best, it draws on a multidisciplinary model, with a team of therapists recruited and overseen by a case manager. The case manager co-ordinates and project-manages the input, monitors progress, and intervenes to secure the strongest possible outcome. Both therapeutic input and case management are fundamentally people-centred. However far AI progresses in the short, medium and long term future, it is hard to imagine a moment when either role could be automated completely, or even in part. Even so, AI can reduce administrative burdens and enable those involved to maximise contact time with people who need support. Harnessing data and AI If we consider the information typically available for each individual patient—previous treatments, medicines and test results—it is easy to see how this could be complemented by data on their demographics, medical history, family background, and the advances in technology built into our watches and phones, etc. While these sources of information are sometimes used during patient...

Bartolomucci (a protected party suing by his litigation friend James M Bartolomucci) v Circle Health Group Ltd [2025] EWHC 529 (KB) What are the practical implications of this case? When you undergo private medical treatment in England and Wales, the usual position is that you sign a written agreement with the hospital, yet there is no easily identifiable written contract with the consultant surgeon or the anaesthetist. If a patient alleges harm caused by a substandard level of care by a consultant during a procedure at a private hospital (here, a consultant anaesthetist), the most obvious defendant is the consultant personally. The private hospital ought to have verified that such consultants carried appropriate insurance (as it did here), and regardless of whether a contract exists between patient and consultant, the consultant remains susceptible to a tort claim. But what if, as happened here, the anaesthetist’s indemnifier declines indemnity? The claimant commenced Part 8 proceedings against the private hospital, seeking declarations that the hospital, under its contract, assumed responsibility for...

This Practice Note reviews the duty of care applicable in professional negligence actions and the suitable legal yardstick for proving liability in professional negligence proceedings in Ireland. It sets out what amounts to professional negligence and the manner in which it is proved. It also addresses the various legal foundations for such claims. It then examines the care standards expected of healthcare practitioners, solicitors and barristers, and the construction profession, within the context of potential professional negligence claims against them. Lastly, it indicates when a professional’s duty of care may extend to third parties. What is professional negligence? Professional negligence is a civil action against a professional who owes a contractual and/or tortious duty to the plaintiff, and who breaches that duty by behaving in a manner no other reasonable member of that profession would adopt, thereby causing loss or damage to the plaintiff. How do you establish professional negligence?...

PI & Clinical negligence horizon scanner—July 2025 [Archived] ARCHIVED: This Practice Note is archived and is not maintained. It summarises the principal legal developments relevant to personal injury and clinical negligence practitioners as at July 2025. For developments predating this horizon scanner, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI and clinical negligence developments The personal injury discount rate—a review In late 2024, the Lord Chancellor, Shabana Mahmood MP, revealed the outcome of her five‑month review of the discount rate, initiated in July 2024. One month after the new +0.5% discount rate took effect, Thea Wilson (barrister at 12 King’s Bench Walk) assesses its impact on cases, the responses from claimant and defendant representatives, and the consequences of the change for legal practitioners. See News Analysis: The personal injury discount rate—a review. MoJ announces reduction in CFO’s interest rates The Ministry of Justice (MoJ) has announced lower interest rates for the Courts Funds Office’s (CFO) special and basic accounts...

This Practice Note addresses matters concerning the aids and appliances a claimant may need as a consequence of their injuries. The claimant must show that any aids and equipment sought meet a genuine medical or therapeutic requirement and are reasonably necessary. Where the claim is sizeable, opinion from an appropriate medical and/or care expert will be needed. This Practice Note also explores recurring questions, such as whether items are obtainable through the NHS, together with the ongoing costs of upkeep, replacement, and, for some items, insurance. Common types of aids and equipment The helpful aids range from the very simple to the highly sophisticated, including: Basic items, for example a shoe horn or walking stick Advanced solutions, for example a computer system assisting with speech or controlling the home environment, media streaming services, or an integrated telephone/headset for a wheelchair or car...

For an overview of Irish data protection law and its principal concepts and rules, refer to Practice Note: Ireland—Data protection basics. Data Subject Access Request (Pursuant to the General Data Protection Regulation and Data Protection Act 2018) I am lodging a data subject access request via a third party—my solicitor (details set out below). Kindly provide my solicitor with copies of my complete medical records, in both hard copy and electronic form, inclusive of all radiology. Given these files ought to be easily located by reference to my personal data outlined below, this request is reasonable and the materials should be supplied free of charge within one month. This request is made to advance a [ civil personal injury claim ] against a third party. Appointed medical experts may rely on the records to assess my injuries and symptoms and to review any pertinent prior medical history. For the avoidance of doubt, this is a data subject access request made on my own behalf...

[ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ] [ [ SPECIFY DIVISION ] ] [ [ INSERT LOCATION ] DISTRICT REGISTRY ] Claim No: Between [ Insert name ] Claimant [ (a protected party by [ insert litigation friend’s name ], [ his OR her ] litigation friend and [ insert family relation eg wife ]) ] and [ Insert name ] Defendant Schedule of Loss CALCULATED TO [ insert date OR insert the date of trial ] The Claimant retains the right to revise, vary, or add to this schedule at any time up to and including trial. A. BACKGROUND DATA Claimant’s date of birth: [ insert date of birth ] Date of accident: [ insert date ] Key medical milestones, for example discharge from hospital or surgery: [ insert date ] Date of [ termination of employment OR return to work ]: [ insert...

At the County Court at [ INSERT ] or in the High Court of Justice [ [ SPECIFY DIVISION ] ] [ [ SPECIFY SPECIALIST COURT ] ] [ [ INSERT LOCATION ] District Registry ] Claim No: [ Insert claim number ] Between [ Insert name and details of the Claimant ] — Claimant and [ Insert name and details of the Defendant ] — Defendant Defence Save as otherwise indicated, the paragraph numbering in this Defence corresponds to the numbering in the Particulars of Claim dated [ insert date ]. The matters set out at paragraphs 2 and 3 of the Particulars of Claim are admitted. In relation to paragraphs 4 to 6, the Defendant will contend as follows: [ Insert the account of the incident the Defendant will rely upon, e.g.: On the evening of 12 June 2025, PCs Black and Blue (‘the Officers’) were on foot patrol on Oxford...