Jurisdiction(s):
United Kingdom

Key definition

Negligence definition

What does Negligence mean? In legal practice, negligence describes a failure to take reasonable care that results in foreseeable harm or loss. It is proved by establishing: (i) a duty of care, (ii) breach of that duty measured against the objective standard of a reasonable person, (iii) causation (factual “but for” cause and legal scope/remoteness), and (iv) recoverable damage. The concept is defined and developed by case law. A classic formulation is that negligence is omitting what a reasonable person would do, or doing what a prudent person would not (Blyth v Birmingham Waterworks (1856) 11 Ex Ch 781). The test is objective: the

Spinal clinical negligence litigation: a practitioner guide to breach, complex causation, damages, procedure and expert evidence, with case law on cauda equina, spinal surgery and infection

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Breach of duty

For the legal framework on breach of duty in clinical Negligence, see Practice Note: Duty of care and breach in clinical negligence claims. Care for spinal injuries and disorders usually demands a multidisciplinary approach, underpinned by robust communication across teams. These presentations may sit within a complex medical history, raising the likelihood of difficulties. Identify referrals and handovers between potential defendants, for example:

GPs
ambulance services
community services such as district nursing
hospital Trusts including local community hospitals
major trauma centres
tertiary care providers
private providers
rehabilitation
care services

Note that patients may consult the same specialist as both an NHS and a private patient. Define roles and referral routes within each defendant organisation. The pathway will typically span multiple teams, such as A&E, nursing, orthopaedics and neurosurgery.

Causation

Proving causation in spinal claims can be challenging. Pre-existing issues may cloud the picture. It can also be hard to determine whether alternative management would have changed the outcome. For an overview of the law on causation, see Practice Note: Causation and Material contribution...

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Web page updated on 21/05/2026

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