Jurisdiction(s):
United Kingdom

Related legal acts

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

Surgical negligence claims: applying Bolam/Bolitho, consent after Montgomery, inherent risks and never events, orthopaedic, spinal and general surgery issues, and evidence, experts and res ipsa loquitur

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Across the range of clinical negligence matters spanning ‘pure diagnosis’ to ‘pure treatment’, allegations arising from careless surgical performance almost invariably fall at the treatment end. That remains the position even when an operation is chiefly undertaken for diagnostic, rather than therapeutic, purposes. As a result, any impugned acts or omissions will be assessed by reference to the standard Bolam approach, tempered by Bolitho considerations. See Practice Note: duty of care and breach in clinical negligence claims.

Professional guidelines

Clinical guidance issued by the National Institute for Health and Care Excellence (NICE) provides helpful evidence of the standards expected in surgery; this is explored further in the Practice Note: NICE Guidance. The Royal College of Surgeons likewise produces extensive materials on recognised surgical techniques and patient management, for example the Good Surgical Practice document. Alongside national guidance, NHS Trusts frequently issue local protocols on topics such as infection control, failed intubation, and prevention of venous thrombo-embolism. Departing from such guidelines or policies does not, of itself, amount to negligence, but it will point to matters warranting investigation...

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Aneurin Moloney

Aneurin was called to the Bar in 2013. He is a specialist clinical negligence and personal injury barrister at Hardwicke, acting on behalf of claimants and defendants. He also undertakes related inquest and medical product liability work.Aneurin's clinical negligence practice is wide-ranging, with particular experience in cases concerning birth injuries, delays in diagnosing neurological conditions (such as stroke and subarachnoid haemorrhage), delays in diagnosing cancer, and surgical errors. Notable recent cases include advising in a claim arising out of the Stepping Hill Hospital poisoning scandal....

Web page updated on 22/05/2026

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