What is the Three-part Test for Clinical Negligence?

You may be surprised (and somewhat perturbed) to hear the true scale of healthcare ‘adverse events’ in the UK – these are defined as “instances which indicate or may indicate that a patient has received poor quality care”. The Department of Health estimates that 10% of hospital inpatient admissions lead to an adverse event. And according to NHS Resolution (the official body charged with managing NHS related compensation claims), they handled 16,701 cases of clinical and non-clinical claims for damages between 2017 and 2018. For each of these, it would have been necessary to establish and prove that negligence occurred; but what is the test for negligence and how is this applied?

In this article, we will outline the three-part test which a specialist clinical negligence solicitor will assess on your behalf before proceeding with your case. Continue reading →