Professional Negligence Claims: Different Types

What are the key differences between medical, clinical, dental and generic professional negligence claims? Lawyers may treat these claims in different ways and this article looks at why this may be.

Well, clinical, medical or dental negligence is slightly different because with regard to usual professional negligence there is a standard requirement that two criteria are met before professional negligence claims can be instigated: the first aspect is that the professional acted negligently and the second thing is that the victim has suffered financial loss due to this negligence.

Nevertheless, in medical, dental or any type of clinical negligence this is quite different. Obviously the person treating a patient is a professional (or at least that is a reasonable expectation) but the human body is different and proving negligence often hinges on whether it was right for the professionals involved to make the clinical judgements that they did. If it is thought that the clinical judgements made were slapdash or not right, then a professional negligence claim can indeed be launched, but if it were reasonable within the circumstances, then there are no grounds for a case - regardless of any injuries caused.

Clinical, dental or medical practice can often be complex. Take the example of someone who goes into hospital for an operation, then during the operation something goes wrong and the person suffers such blood loss that they have heart failure. Is this negligence? Well if the operating team could have taken action during the operation that could have avoided the blood loss, then possibly there are grounds for a professional negligence claim. But perhaps the individual had a secondary condition such as diabetes or was elderly and frail which meant that the blood loss affected them to a much greater extent. In which case there are, more than likely, no grounds for a professional negligence claim.

If you're thinking of making a professional negligence claim against professionals such as solicitors, surveyors, architects or estate agents then it is a good idea to talk to specialist professional negligence lawyers who will advise as to whether or not it is a straightforward professional negligence claim or it should be regarded as a case that is quite specialised requiring a specialist legal team. Nevertheless if you are thinking of taking on clinical negligence, then you must make sure you have specialist legal advice on side and deal with a solicitor whom is experienced in this field of work - who will offer you much needed advice and support through this difficult area of the law!


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Bonallack & Bishop can help with your professional negligence claim, so for specialist advice from professional negligence lawyers, contact them today. Senior Partner Tim Bishop is responsible for all major strategic decisions at the firm, which he has grown by 1000% in 13 years. He sees himself as a businessman who owns a law firm.