General damages for pain, suffering and loss of amenity are valued using the Judicial College Guidelines and comparable awards. Past losses cover earnings, care, treatment, travel and equipment. Future losses (often the largest element) cover earnings, pension, care, case management, treatment, aids, equipment and accommodation, calculated via Ogden multiplier × multiplicand. The Personal Injury Discount Rate for England & Wales has been +0.5% from 11 January 2025. Periodical Payment Orders may be appropriate in very serious cases.
How does the Pre-Action Protocol for the Resolution of Clinical Disputes work?
Obtain medical records first via subject access request (UK GDPR / DPA 2018, response within one month). Send a Letter of Notification (optional) and then a Letter of Claim setting out facts, allegations of negligence, the causal link and main heads of loss. The defendant should send a reasoned Letter of Response within four months. Independent experts are usually needed on breach, causation and condition/prognosis. ADR is encouraged.
How is causation proved in a clinical negligence claim?
The default test is "but for" causation on the balance of probabilities. Where injury has more than one cause and "but for" cannot be cleanly satisfied, material contribution can apply - see Bailey v MoD [2008] EWCA Civ 883 and Holmes v Poeton [2023] EWCA Civ 1377 (which confirmed it applies to indivisible as well as divisible injuries). Loss of chance below 50% is generally not recoverable (Gregg v Scott [2005] UKHL 2).
What is the limitation period in clinical negligence?
Three years from the date of the negligent act or omission or from the claimant's date of knowledge (s.14 Limitation Act 1980), with judicial discretion to disapply under s.33. Time runs from age 18 for children, and time may not run at all for protected parties lacking capacity.
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