Medical Negligence Claims: Proving the Bolam Test and But-For Causation
Medical Negligence Claims: Proving the Bolam Test and But-For Causation
Succeeding in a UK clinical negligence claim requires establishing breach of duty and causation. Breach is proven if clinical practice fell below the standard of a responsible body of medical opinion (the Bolam test, qualified by Bolitho). Causation requires proving on the balance of probabilities that the breach directly caused or materially contributed to the injury.
Statutory Citations: Bolam v Friern Hospital Management Committee [1957] 1 WLR 582, Bolitho v City and Hackney HA [1998] AC 232, Montgomery v Lanarkshire Health Board [2015] UKSC 11.
Key Takeaways
- Statutory compliance under Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 is mandatory for all claimants and legal practitioners.
- Direct financial recovery is subject to GB statutory caps, scale schedules, and oversight.
- Strict limitation periods apply; missing formal filing deadlines permanently extinguishes the right to claim.
- Free initial consultation and verified regulatory standing (SRA / State Bar / Law Society) must be confirmed prior to retaining counsel.
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