Clinical negligence

Delve into strategic insights and essential guidelines curated specifically to navigate the complexities of clinical negligence cases. Equip yourself with comprehensive tools and expert advice designed to effectively represent your clients, safeguard their rights, and pursue just outcomes in even the most challenging scenarios. Stay ahead with best practices and stay informed on the latest developments in this crucial legal specialty.

View PI & Clinical Negligence by content type:

News
Practice notes
Precedents
Q&As

Sub Topics We Cover

Coroner's inquests Cosmetic surgery claims Damages Dental claims Funding and costs Liability Procedure

Latest PI & Clinical Negligence News

Standards of candour in closed hearings, and corporate witness statements (Attorney General v BBC; R (‘Beth’) v IPT)

Standards of candour in closed hearings, and corporate witness statements (Attorney General v BBC; R (‘Beth’) v IPT)

The following Public Law news provides comprehensive and up to date legal information on Standards of candour in closed hearings, and corporate witness statements (Attorney General v BBC; R (‘Beth’) v IPT)

Justice Committee publishes report on the work of the County Court

Justice Committee publishes report on the work of the County Court
No default secrecy for judges’ criticism of bench applicants

No default secrecy for judges’ criticism of bench applicants

The following Dispute Resolution news provides comprehensive and up to date legal information on No default secrecy for judges’ criticism of bench applicants

NHS Resolution publishes Annual Report and Accounts for 2024/25

NHS Resolution publishes Annual Report and Accounts for 2024/25

Featured PI & Clinical Negligence content

False imprisonment

False imprisonment

False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...

The employer’s duty of care

The employer’s duty of care

The employer’s duty of careThis Practice Note considers the scope of an employer’s common law duty to ensure the safety of their employees with...

Duty of care and breach in clinical negligence claims

Duty of care and breach in clinical negligence claims

Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...

Pain, suffering and loss of amenity (PSLA)

Pain, suffering and loss of amenity (PSLA)

Pain, suffering and loss of amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...

Practice notes

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences...
Read More >
30th May
Practice notes

Damages in fatal accident claims

Damages in fatal accident claimsElements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform...
Read More >
2nd Jun
Practice notes

Psychiatric injury—establishing liability

Psychiatric injury—establishing liabilityLiability for psychiatric injury is dependent in part on the nature of the injuries suffered and the manner...
Read More >
30th May
Practice notes

Was the damage foreseeable?

Was the damage foreseeable?The concept of foreseeability and remoteness in negligence claimsEven if the claimant proves:•that the defendant acted...
Read More >
2nd Jun
Practice notes

Claims against the police

Claims against the policeIntroductionThe police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought...
Read More >
30th May
Practice notes

Psychiatric injury—primary victims

Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
Read More >
2nd Jun
Practice notes

Vicarious liability in the course of employment—the close connection test

Vicarious liability in the course of employment—the close connection testThis Practice Notes considers the circumstances in which the court will hold...
Read More >
Produced in partnership with Andrew Wilson
2nd Jun
Practice notes

Misfeasance in public office

Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
Read More >
Produced in partnership with Laura Giachardi of 42 Bedford Row
30th May
Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
Read More >
2nd Jun
Practice notes

Claims against schools

Claims against schoolsClaims against schools by pupils can arise in a number of ways, including pupils:•being injured due to condition of...
Read More >
30th May
Checklists

The RTA small claims protocol—key features checklist

The RTA small claims protocol—key features checklistThe Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic...
Read More >
2nd Jun
Practice notes

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)NOTE: the Civil Procedure (Amendment) Rules 2023, SI 2023/105, amended CPR 44.14 so that defendants can enforce...
Read More >
Produced in partnership with Samuel David of Anthony Gold Solicitors
2nd Jun
Practice notes

Psychiatric injury—secondary victims—case tracker

Psychiatric injury—secondary victims—case trackerA secondary victim is someone who has suffered psychiatric injury not by being directly involved in...
Read More >
30th May
Practice notes

Did the claimant consent to the risk of injury?

Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
Read More >
2nd Jun
Practice notes

Past loss of earnings

Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...
Read More >
2nd Jun
News

Personal injury claims against public authorities and the state—the armed forces

...
Read More >
2nd Jun

Popular documents

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application

Template for regulatory references given by SMCR firms and disclosure requirements

Template for regulatory references given by SMCR firms and disclosure requirements[Insert addressee details]Dear [insert name][It is our understanding that [insert name of prospective employee] [was an employee of yours between the dates of [insert dates as appropriate] OR is a current employee of