Written by

Michael Blakemore-Carson - Senior Litigation Executive


Navigating the complexities of a medical negligence claim can be overwhelming, especially when confronted with complex legal jargon. This guide aims to breakdown and simplify the language associated with medical negligence claims, providing you with a clear understanding of the terminology involved. By breaking down these legal terms, you will be better equipped to understand the progress of your claim, make informed decisions, and pursue the compensation you deserve. 


Duty of Care 

The concept of “duty of care” is a fundamental principle in medical negligence cases. Duty of care refers to the legal obligation imposed on individuals or entities to act reasonably and carefully to prevent foreseeable harm to others. In the context of medical negligence, it signifies the responsibility healthcare professionals owe to their patients to provide a particular standard of care. 

In simpler terms, when you seek medical attention, you trust that your healthcare provider will deliver a level of care consistent with accepted standards in the medical community. Duty of care establishes a baseline for the quality-of-service patients can expect from their healthcare practitioners. 

In medical settings, duty of care is integral to the physician-patient relationship. Healthcare professionals, including doctors, nurses, and other medical practitioners, are expected to: 

If a healthcare professional fails to uphold this duty of care, and harm results from this failure, a medical negligence claim may arise. 


Breach of Duty 

Breach of duty is a key element in a medical negligence claim and occurs when a healthcare professional fails to meet the standard of care expected in their field. In simpler terms, it is the deviation from the duty of care owed to a patient. To establish a breach of duty, it must be demonstrated that the healthcare provider’s actions or omissions fell below the accepted standard of care. 

In medical negligence cases, a breach of duty often involves errors in diagnosis, treatment, communication, or other aspects of patient care. This breach becomes the basis for asserting that the healthcare provider failed to fulfil their obligation to the patient, resulting in harm or injury. 

An example of this would be a doctor failing to correctly diagnose a serious medical condition, which delays the diagnosis- leading to a progression of the illness and diminished treatment options. 

Establishing a breach of duty is crucial in a medical negligence claim, as it forms the basis for demonstrating the healthcare provider’s negligence. If you believe you have experienced harm due to a breach of duty by a medical professional, seeking legal advice is essential to evaluate the merits of your case and pursue appropriate action. 



Causation, in the context of a medical negligence claim, refers to the establishment of a direct link between the healthcare provider’s breach of duty and the avoidable harm suffered by the patient. It involves demonstrating that the negligent actions or omissions were a substantial factor in causing the injuries or damages. Proving causation is a critical element in building a successful medical negligence case. Causation can be factor in a claim, in many ways, such as: 

  • Proximate Cause: Proximate cause refers to the direct and foreseeable link between the healthcare provider’s breach of duty and the resulting harm. An example of this would be if a surgeon’s negligence during a procedure directly causes internal bleeding, the proximate cause is established. 
  • Pre-Existing Conditions: Causation becomes more complex when a patient has pre-existing health conditions. It must be demonstrated that the healthcare provider’s negligence worsened the pre-existing condition or directly led to additional harm. 
  • Expert Medical Testimony: Expert witnesses play a crucial role in establishing causation. Medical professionals with expertise in the relevant field provide testimony to connect the healthcare provider’s actions to the patient’s injuries. 

Causation is also the process of proving the link between negligence and any avoidable harm; and can be established through: 

  • Documentation: A clear timeline of events, supported by medical records, helps establish the sequence of the healthcare provider’s actions and the onset of harm. 
  • Analysis: Demonstrating how the healthcare provider’s actions deviated from the accepted standard of care aids in establishing causation. 
  • Questioning: Would a reasonable standard of care, have prevented or mitigated the harm? 
  • Reviewing: Thoroughly reviewing medical records and obtaining expert opinions helps correlate the negligent act with the subsequent harm. 
  • Consideration: Any alternative causes for the harm must be explored and, if possible, excluded. 

Establishing causation requires a thorough examination of the facts, often with the assistance of medical experts. Successfully proving the link between the healthcare provider’s negligence and the harm suffered strengthens the overall medical negligence claim. 



In the context of a medical negligence claim, damages refer to the compensation for harm, losses, or injuries suffered by the patient because of the healthcare provider’s negligence. The legal system recognises several types of damages that may be compensable in a medical negligence case. 

There are several types of damages considered in a medical negligence claim: 

  • Compensatory Damages: Compensatory damages aim to reimburse the claimant for losses and expenses incurred due to the negligence. Examples of this include medical expenses, loss of income, rehabilitation costs, and other quantifiable financial losses which fall under compensatory damages. 
  • Non-Economic Damages: Non-economic damages are less tangible, and compensate for pain, suffering, emotional distress, and loss of enjoyment of life. Evaluating non-economic damages often involves subjective assessments of the impact of the harm on the individual’s well-being. 
  • Punitive Damages: Punitive damages, while less common and rare in the UK, however they may be awarded in addition to the damages mentioned above for gross negligence or intentional misconduct. Punitive damages are usually only considered in court. 

Damages are calculated to help quantify a claimant’s compensation and the following factors are considered: 

  • Medical expenses 
  • Lost income and future earnings 
  • Pain and suffering 
  • Subjective assessment 
  • Emotional distress 

Quantifying compensation involves a comprehensive assessment of the specific damages suffered due to medical negligence. Legal experts, often in collaboration with medical professionals, play a crucial role in evaluating and presenting these damages to ensure fair and just compensation for the injured party. 


Informed Consent 

Informed consent is a crucial ethical and legal concept in the medical field that emphasises the right of patients to be fully informed about the nature, risks, benefits, and alternatives of a medical procedures or treatments before giving their consent. This process ensures that patients can make knowledgeable decisions about their healthcare, considering the potential consequences of their choices. 

What constitutes informed consent? 

  • Full Disclosure of Information: Healthcare providers must disclose all relevant information regarding the proposed treatment or procedure. This includes details about the diagnosis, nature of the treatment, potential risks and side effects, alternative treatments, and the expected outcomes. 
  • Patient Understanding: It is not sufficient for the information to be provided; healthcare providers must also ensure that patients comprehend the details. Patients should have the opportunity to ask questions and seek clarification about any aspects of the proposed treatment. 
  • Voluntary Agreement: Informed consent is only valid when the patient voluntarily agrees to the treatment without coercion or pressure. Patients have the right to withdraw their consent at any time before or during the treatment. 
  • Capacity to Consent: Healthcare providers should assess the patient’s capacity to understand the information provided and make decisions. In cases where patients cannot provide informed consent, they may involve family members or legal guardians, including litigation friends. 

In medical negligence claims, the failure to obtain informed consent may constitute a breach of duty if the patient experiences harm related to the undisclosed significant risks or if the treatment deviates from what the patient consented to. 


Litigation Friend 

A litigation friend is an individual appointed to act on behalf of someone who is unable to represent themselves in legal proceedings. This concept is particularly relevant in cases involving individuals who lack the mental capacity to make decisions or when the claimant is under the age of 18. In the context of medical negligence cases, litigation friends play a crucial role in ensuring that the rights and interests of vulnerable individuals are protected throughout the legal process. 

How can a litigation friend be involved in claims? 

  • Representation of children: When a medical negligence claim involves a minor (someone under the age of 18), a litigation friend, often a parent or legal guardian, is appointed to represent the child’s interests. Litigation friends make legal decisions on behalf of the minor, including accepting settlements or rejecting offers. 
  • Cases Involving Mental Incapacity: In situations where the claimant lacks the mental capacity to make decisions, such as individuals with severe cognitive impairments, a litigation friend is appointed. The Court of Protection or relevant legal authority appoints a litigation friend to act in the best interests of the incapacitated individual. 
  • Protecting Vulnerable Adults: In cases involving vulnerable adults who may not be able to make decisions independently, a litigation friend may be appointed to protect their interests. The appointment process ensures that vulnerable adults are not taken advantage of during legal proceedings. 

Litigation friends play a vital role in safeguarding the rights and interests of individuals who may be unable to advocate for themselves in medical negligence cases. Their appointment ensures that vulnerable parties have fair access to the legal system and that their claims are pursued with the utmost consideration for their well-being. 



By offering a comprehensive explanation of the legal terminology surrounding medical negligence claims, we hope to empower you to navigate this process with confidence. Remember, seeking professional legal advice is crucial for the success of your claim. Armed with knowledge and the right support, you can effectively pursue justice and fair compensation for the harm you have experienced due to medical negligence. And when you work with us, we will be by your side throughout the lifetime of your claim.

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