Northampton Solicitors

Negligence FAQs _ solicitors in Northampton

What is negligence ?

Negligence is the failure of one person or organisation to exercise reasonable care in skill in carrying out a duty that is owed to some other organisation or person.  The term “duty of care” is commonly used in negligence claims.

First of all, it has to be shown that a duty of care exists.  In professional negligence, for example, the existence of this duty may be based on any contractual documents.

Secondly, it has to be proven that the duty was breached.  To examine whether a duty of care has been breached or not, the courts use the “reasonable man” test.  Using this test, they will ask what standard of care the reasonable person in the defendant’s position could have been expected to do.

Thirdly, it has to be shown that there is a casual link between the negligent act and the harm caused to the claimant.

Fourthly, it has to be shown that it is fair, just and reasonable to impose a duty of care given the circumstances.  At this stage, public policy arguments could come into play.  For example,in the past, the courts have held that, for public policy reasons, it would be detrimental to the ambulance service to impose a duty of care on ambulances to answer a call.  If, however, a call is accepted, a duty of care comes into existence.

What is involved in a medical negligence claim ?

Whilst the basic principles of negligence law as described above apply to medical negligence cases, standards with regards to the duty of care required are arguably lower.  In order to examine whether there has been a breach of a duty of care by a medical professional following one particular course of action/treatment, the courts will ask whether there is a “reasonable body of medical opinion” which either backs up the professional’s decision or goes against it.  Naturally, expert witnesses can play a pivotal role in medical negligence cases.

When approaching medical negligence claims, you also have to ask who it is you are claiming against.  If you received treatment from the NHS, you would put in a claim against the relevant Primary Care Trust.  Naturally, claims relating to private care will be against the relevant private hospital, clinic or doctor.

What is involved in a professional negligence claim ?

Firstly, professional negligence claims lie against the professional’s indemnity insurer.  Secondly, whilst basic principles of negligence apply, the standards of the duty of care that are imposed are relevant to the particular profession your claim relates to.  So, for example, the courts will ask what standards would be expected of a qualified solicitor.  Like medical negligence, expert witnesses are crucial to professional negligence claims.  Thirdly, it is often not difficult to prove that a duty of care exists as in most professional negligence claims there will contractual obligations which can be both written and verbal.

For further information and advice about negligence, negligence law and negfligence claims, please contact Northampton solicitors.