Scott Harding-Lister
Clinical Negligence Solicitor
CLINICAL NEGLIGENCE EXPLAINED
Clinical negligence happens when a medical professional fails to provide care that meets the standard expected of them, and that failure causes harm to a patient. It could involve physical injury, a worsening of someone’s condition, or other avoidable consequences. These claims are different from general personal injury cases, as they require careful analysis of both medical practice and legal responsibility.
Bringing a clinical negligence claim isn’t about blaming someone simply because treatment didn’t work. It’s about showing that the care given was not good enough by professional standards, and that this directly led to harm. This often involves reviewing detailed medical records and obtaining evidence from independent experts.
Scott is both a qualified solicitor and a registered nurse. With this background, he is able to look at every case from both sides; understanding the clinical picture and applying the legal test. This combination helps ensure that each claim is investigated thoroughly and presented clearly, with a proper understanding of how the harm occurred and what should have been done differently.
Key Legal Principles of Clinical Negligence
To succeed in a clinical negligence claim, the following must be proven:
2. BREACH OF DUTY (SUBSTANDARD CARE)
A breach occurs when a medical professional fails to meet the standard expected of them.
This includes:
- Misdiagnosing a condition
- Failing to diagnose a condition in a timely manner
- Misinterpreting or overlooking radiological images
- Failing to refer to a relevant specialist
- Prescribing the wrong medication
- Administering incorrect dosage
- Giving medication despite known allergies
- Making surgical errors
- Performing wrong-site surgery
- Leaving surgical instruments inside the patient
- Failing to obtain informed consent
- Not acting on abnormal test results
- Failing to monitor the patient during or after treatment
- Delaying urgent treatment or intervention
- Failing to escalate care to a senior clinician
- Ignoring patient complaints or symptoms
- Inadequate post-operative care
- Not following established clinical guidelines
- Losing or failing to review important test results
- Discharging a patient prematurely
- And much more.
3. CAUSATION (PROVING THE HARM WAS CAUSED BY THE NEGLIGENCE)
It must be shown that the Breach of Duty (1) directly caused or (2) materially contributed to the injury complained of.
The “But For” Test is applied:
But for the doctor’s negligence, would the harm have occurred?
If the harm would not have happened without the negligence, causation is established.
Where the “But For” test cannot be satisfied due to multiple causes, it is enough to show that the negligence made a material contribution to the harm.
4. DAMAGES (WHAT CAN BE CLAIMED?)
Once negligence is proven, compensation can be claimed for:
- Pain and suffering caused by medical negligence
- Loss of earnings due to being unable to work
- Loss of future earning capacity
- Future medical treatment costs (rehabilitation, private healthcare)
- Cost of medication, therapies, and specialist consultations
- Adaptations to housing or mobility aids if permanent disability occurs
- Cost of care and assistance (professional or family-provided)
- Travel expenses for medical appointments or treatment
- Cost of specialist equipment (wheelchairs, prosthetics, hoists, etc.)
- Psychological or psychiatric treatment
- Loss of amenity (impact on quality of life or hobbies)
- Pension loss or reduced pension contributions
- Educational support or retraining where return to previous work is not possible
- Case management and professional support services
- Costs of managing compensation (e.g. Court of Protection fees where capacity is lacking)
- Interest on past financial losses
HOW SCOTT HARDING-LISTER & TEAM WILL PROCESS YOUR CASE
Scott takes a thorough, evidence-based approach to every case, ensuring that his clients receive tailored, expert legal representation. His team meticulously examines:
- Medical records, identifying key evidence to support the claim.
- Expert reports, ensuring that every case is backed by credible medical opinions.
- Witness statements, uncovering the full extent of the negligence suffered.
Clients always have a dedicated point of contact, ensuring they receive ongoing support, clear communication, and guidance throughout the legal process. The team understands that pursuing a medical negligence claim can be an emotionally and physically demanding experience, and they are committed to providing compassionate and effective legal support from start to finish.
WHY CHOOSE SCOTT HARDING-LISTER & TEAM?
Scott is more than just a solicitor-his medical background, legal expertise, and established connections within the healthcare sector make him uniquely equipped to handle even the most complex clinical negligence claims. Clients trust Scott and his team because:
- Specialist Medical and Legal Knowledge – As both a nurse and a solicitor, Scott has first-hand clinical experience that enables him to identify negligence where others might not.
- A Proven Track Record – Years of success in securing high-value compensation for those affected by medical negligence.
- A Dedicated Support Team – A skilled team of paralegals and legal professionals ensuring a smooth claims process.
- No Win, No Fee Representation – Clients pay nothing unless their claim is successful, providing complete peace of mind.
Scott and his team are committed to achieving the best possible outcome for every client, ensuring they receive the compensation and justice they deserve while being supported throughout the entire process.
