Clinical Negligence
A breach of duty of care by a medical professional causing injury to a patient. The standard of care is judged by reference to a responsible body of medical opinion (Bolam test), but doctors must also disclose material risks (Montgomery test).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Government guidance defines the concept in the same terms used across the health system: 'Clinical negligence arises where there is a breach of this common law duty of care owed to a patient by professionals or by others acting on their instruction, where decisions, judgements or omissions cause harm or personal injury to a patient.' That duty is owed universally: 'Every healthcare professional, whether they work in the NHS or the private sector, owes a duty of care to act in the best interest of their patients.'
A claim follows on from that breach: 'If a patient has suffered harm or personal injury as a result of clinical negligence, the patient or their representative may make a claim for damages against the clinicians or their employers.' Because claims can be expensive, professionals are required to carry cover for them: 'All regulated healthcare professionals ... who wish to practise in the UK are legally required to hold appropriate clinical negligence indemnity cover.' For NHS staff this is typically met through 'the Clinical Negligence Scheme for Trusts (CNST), a state indemnity scheme administered by NHS Resolution', while GPs in England are covered by a parallel state scheme, 'the Clinical Negligence Scheme for General Practice (CNSGP)', introduced in April 2019.
Related terms
Official sources
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