Glossary – Clinical Negligence

Breach of Duty

If the care or treatment given falls below a reasonable standard, the healthcare professional is in breach of his or her duty to the patient, which could constitute ‘clinical negligence'. In order to succeed in a claim for damages alleging negligence against a doctor, the claimant must demonstrate to the court that:

• the defendant owed the claimant a duty of care;
• the defendant was in breach of his/her duty of care towards the claimant.
• Causation

Causation refers to the direct cause of the injury or illness that was suffered as a result of breach of duty/clinical negligence. Not only must the claimant show that the defendant was in breach of his duty but also that this breach led to the injury the claimant alleges. If causation cannot be established, the claim will fail.

Damages

There are two types of damages when referring to compensation. ‘General damages' refer to pain, suffering and loss of amenity. ‘Special damages' refer to the financial expenses or losses incurred as a direct result of an injury.

Misdiagnosis

This refers to receiving an incorrect diagnosis of a particular illness or health-related issue.

Civil proceedings

Any action in Court seeking damages for recovery of losses as a result of breach of duty, or of failure to comply with a contract, is dealt with under the rules of civil procedure.

Claim form

The formal document issued in the court to begin proceedings.

Date of knowledge

The date on which the claimant knew, or should have known, that s/he has suffered an injury which could have been caused by the negligent act or omission of another.

Particulars of claim

A document accompanying the claim form (or served within 14 days thereof) giving details of the claim.

Pre-action protocol

This is a protocol setting out the steps which the potential claimant and defendant must take to resolve the dispute, if at all possible, before proceedings are issued. The aim is to encourage greater openness between the parties and to reduce delay, costs and the need for litigation.

Statute-barred

The time limit allowed by law for bringing the claim has expired. The time limits for different types of claim are set out in the Limitation Act 1980.

Counsel

Also known as a Barrister. The advocate(s) engaged in the direction of a case in Court; a legal advisor or counsellor

General Damages

These are awarded for the injury that has been sustained – they are intended to compensate for the pain and suffering and loss of amenity a claimant has gone through, now and in the future

Joint Settlement Meeting

A mediation meeting at which the lawyers and clients on both sides of a claim meet to “thrash out” areas of dispute to see is a settlement can be reached. It is our experience that complex cases benefit from an agreed settlement at this type of meeting.

Schedule of Loss

A document which sets out your financial losses and how much compensation you seek for your injuries if you succeed in your claim

Special Damages

These are intended to cover any losses that the claimant has incurred as a result of the injury, so may be loss of earnings, loss of pension, care, transport and travel expenses, aids and equipment, costs of treatment, and other out of pocket expenses as a result of the injury.