What constitutes clinical negligence?

Every person in their job, whether they are a bus driver, a bricklayer, or a doctor, has a legal responsibility to use reasonable skill and care. But for doctors whose mistakes can be devastating, there is an added layer of protection. If a doctor reaches the standard of a responsible body of medical opinion within their speciality, they are not negligent. So, even if a doctor makes a decision that turns out to be wrong, that in itself does not make that doctor negligent. If a doctor makes a decision or gives treatment that a responsible body of doctors would agree with, there is no negligence. Even if a GP decides on treatment that a more specialist doctor would disagree with, the GP is not negligent if a responsible body of GPs would think his actions were reasonable.

The main exception to this rule relates to a duty on a doctor to properly inform the patient of all the reasonable options for treatment and the risks and benefits of each before asking the patient to consent to treatment. In that case, the doctor has to give the information that a responsible body of doctors would have, in regard to what information the patient would consider material when deciding what treatment to have.

If you’ve been injured and are considering making a claim, contact Liddy’s Solicitors today for advice. We will be able to guide you through the process and help ensure that you receive the compensation you deserve.