Understand whether you could have a claim for medical negligence where there are differences of medical opinion about the best course of treatment.

1. Medical negligence claims
Differences in medical opinion
Bolt Burdon Kemp is a national law firm specialising in claims
for loss and injury, see: www.boltburdonkemp.co.uk

2. There are sometimes differences of opinion amongst the
medical profession about the best course of treatment; it is
not for the court to say which is right – that is a medical
consideration
If a respected body of medical opinion, albeit a minority
one, would have approved the course taken, there will be
no negligence
What happens where there are different views within the
medical profession on how someone should be treated?
Bolt Burdon Kemp is a national law firm specialising in claims
for loss and injury, see: www.boltburdonkemp.co.uk

3. Whataretheimplicationsofthisfornegligenceclaims?
This does not mean that the court (and the patient) is at
the mercy of he doctors when the patient is trying to prove
negligence
The case of Patrick Bolitho (1998) protects against a
doctor just calling on their colleagues to say that they
would have treated the patient the same way
Bolt Burdon Kemp is a national law firm specialising in claims
for loss and injury, see: www.boltburdonkemp.co.uk

4. What are the conditions for a claim?
The case of Bolitho establishes that:
If, in a rare case, it can be demonstrated that the professional
opinion is not capable of withstanding logical analysis, the judge
is entitled to hold that the body of opinion is not reasonable or
responsible
The case of Bolitho
Bolt Burdon Kemp is a national law firm specialising in claims
for loss and injury, see: www.boltburdonkemp.co.uk

5. What are the conditions for a claim?
Where the body of opinion is held not to be
reasonable then the decision to pursue this
course of treatment could be found to be
negligent
Difference of opinion and negligence
Bolt Burdon Kemp is a national law firm specialising in claims
for loss and injury, see: www.boltburdonkemp.co.uk

6. Some of our clinical negligence team
Bolt Burdon Kemp is a national law firm specialising in claims
for loss and injury, see: www.boltburdonkemp.co.uk
Suzanne Trask
Caroline Klage
Tom Gough
Ipek Tugcu
Raquel Siganporia
Nisha Sebastian-Price
Jo Chapman
Claudia Hillemand Catherine Bell
Alex Dabek

7. Speak to a specialist clinical negligence solicitor
today
Call: 0203 6279 929
Email: info@boltburdonkemp.co.uk
Visit: www.boltburdonkemp.co.uk
Contact Bolt Burdon Kemp
Bolt Burdon Kemp is a national law firm specialising in claims
for loss and injury, see: www.boltburdonkemp.co.uk