Reviewed by Independent editorial panelLast reviewed April 2026 · Next review October 2026
A
- After the Event (ATE) Insurance
- Insurance taken out after an incident has occurred, to cover legal disbursements — such as expert witness fees and court fees — if a clinical negligence claim is unsuccessful. Most solicitors arrange ATE cover as part of a Conditional Fee Agreement.
- Article 2 Inquest
- An inquest where the state's obligation to protect the right to life under Article 2 of the European Convention on Human Rights is engaged. Article 2 inquests are more thorough than standard inquests and can address whether systemic or individual failures by a public body contributed to a death.
- AvMA (Action against Medical Accidents)
- A UK patient charity that also operates a specialist panel of clinical negligence solicitors who have demonstrated a high level of expertise and meet defined quality standards. AvMA Panel membership is a recognised mark of specialist competence.
B
- Bolam Test
- The legal standard for assessing whether a clinician's conduct was negligent. From Bolam v Friern Hospital Management Committee [1957]: a clinician is not negligent if their conduct accorded with a practice accepted as proper by a responsible body of practitioners in that specialty, even if other practitioners would have acted differently.
- Bolitho Qualification
- A modification of the Bolam test established in Bolitho v City and Hackney Health Authority [1997]. Even where a body of practitioners would have acted in a particular way, a court can still find negligence if that practice cannot withstand logical analysis.
- Breach of Duty
- One of the four elements needed to establish a medical negligence claim. Breach of duty means that the clinician's care fell below the standard of a reasonably competent practitioner in that specialty — assessed using the Bolam test as qualified by Bolitho.
- But For Test
- The primary test for causation in medical negligence claims. The claimant must show that, but for the clinician's negligent act or omission, the harm would not have occurred or would have been materially less severe.
C
- Causation
- One of the four elements needed to establish a medical negligence claim. Causation requires showing that the clinician's breach of duty caused or materially contributed to the claimant's harm. It is often the most technically complex part of a claim.
- CFA (Conditional Fee Agreement)
- The formal legal agreement between a claimant and their solicitor under which the solicitor agrees to act on a no win no fee basis. If the claim succeeds, the solicitor receives a success fee capped at 25% of past losses and general damages. If the claim fails, the claimant pays the solicitor nothing.
- Clinical Negligence
- The legal term for medical negligence — substandard care by a healthcare professional that causes harm to a patient. Used interchangeably with medical negligence in most contexts.
- Coroner
- A judicial officer responsible for investigating deaths that are violent, unnatural, sudden, or occur in state custody or care. A coroner may hold an inquest to establish the facts of a death.
D
- Date of Knowledge
- Under the Limitation Act 1980, the date on which a claimant knew (or ought reasonably to have known) that they had suffered significant harm caused by a clinician's act or omission, and that the act or omission was arguably negligent. The three-year limitation period runs from the later of the date of the treatment or the date of knowledge.
- Defendant
- In a medical negligence claim, the party being sued — typically the NHS Trust, private hospital, or individual clinician responsible for the negligent care.
- Disclosure
- The process by which both parties to a legal claim exchange relevant documents before trial. In medical negligence claims, disclosure typically includes medical records, expert reports, and correspondence.
- Duty of Candour
- A statutory obligation under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 requiring NHS bodies and registered care providers to be open and transparent with patients when something goes wrong with their care that causes harm. Includes a requirement to provide an explanation and, where appropriate, an apology.
- Duty of Care
- The legal obligation owed by a clinician to their patient to provide care of a reasonable standard. A duty of care arises automatically when a healthcare professional undertakes to treat a patient.
E
- Expert Witness Report (Independent Medical Expert Report)
- A written opinion from a suitably qualified independent medical expert who has reviewed the claimant's medical records and assessed whether the care provided met the required standard, and whether any failure caused the claimant's harm. An independent expert report is essential in virtually all medical negligence claims.
F
- Fatal Accidents Act 1976
- The statute governing dependency claims brought by eligible family members and dependants following a death caused by negligence. Allows claims for financial dependency (income lost as a result of the death) and includes the fixed bereavement award.
G
- General Damages
- Compensation for pain, suffering and loss of amenity — the non-financial impact of an injury. General damages are assessed by reference to the Judicial College Guidelines, which set out ranges for different types of injury.
- GMC (General Medical Council)
- The regulatory body for doctors in the UK. The GMC sets the standards doctors must meet and investigates serious concerns about doctors' conduct or competence. An GMC complaint is separate from a legal negligence claim.
I
- Inquest
- A formal court hearing before a coroner to establish who died, when and where, and how. An inquest is a fact-finding exercise and cannot determine civil or criminal liability, but its findings can be used as evidence in a subsequent civil claim.
- Interim Payment
- A payment made on account of damages before a claim is finally settled or decided by a court. Interim payments can be useful in high-value claims where the claimant needs funds urgently to pay for care or accommodation while the claim continues.
J
- Judicial College Guidelines (JCG)
- The reference document published by the Judicial College setting out guideline compensation ranges for different types of personal injury, used by courts and solicitors to assess general damages in medical negligence and personal injury claims.
L
- Law Reform (Miscellaneous Provisions) Act 1934
- The statute allowing a deceased person's estate to pursue legal claims the deceased could have brought had they survived. Used alongside the Fatal Accidents Act 1976 in claims following a death caused by medical negligence.
- Law Society Clinical Negligence Accreditation
- A quality mark awarded by the Law Society to solicitors who have demonstrated a high standard of expertise in clinical negligence law. Accreditation requires assessment against defined competency standards and renewal every five years.
- Letter of Claim
- A formal document sent by a claimant's solicitor to the defendant at the start of the pre-action protocol process, setting out the allegations of negligence, the harm caused, and the financial losses claimed. The defendant has four months to respond.
- Letter of Response
- The defendant's formal reply to the Letter of Claim, either admitting or denying liability and setting out their position. Required under the Pre-Action Protocol for the Resolution of Clinical Disputes.
- Limitation Act 1980
- The primary statute governing time limits for legal claims in England and Wales. For medical negligence claims, the standard period is three years from the date of the act or omission, or from the claimant's date of knowledge under section 14. Special provisions apply for children (section 28) and those lacking capacity.
- Limitation Period
- The period within which a legal claim must be brought. For medical negligence claims in England and Wales, the standard limitation period is three years.
M
- Medical Negligence
- Substandard care by a healthcare professional that causes harm to a patient. Also called clinical negligence. Two elements must be established: breach of duty (the care fell below the required standard) and causation (the breach caused the harm).
- Montgomery Duty
- The consent standard established by the Supreme Court in Montgomery v Lanarkshire Health Board [2015]. A clinician must ensure a patient is aware of any material risk involved in proposed treatment — defined by reference to what a reasonable person in the patient's position would want to know, not merely what the clinician considers relevant.
N
- NHS Resolution
- The body responsible for managing, defending, and settling clinical negligence claims against NHS Trusts and other NHS bodies in England. NHS Resolution acts as the insurer and litigation handler for the NHS. Equivalent bodies exist in Wales.
P
- Pre-Action Protocol for the Resolution of Clinical Disputes
- The formal protocol under the Civil Procedure Rules that governs the pre-litigation steps in a clinical negligence claim, including the Letter of Claim, the Letter of Response, and the exchange of expert evidence. Compliance is required before court proceedings are issued.
Q
- QOCS (Qualified One-Way Costs Shifting)
- A costs protection rule introduced by the Civil Procedure Rules that generally prevents a defendant from recovering their legal costs from an unsuccessful claimant in personal injury and clinical negligence cases, unless the claimant has behaved dishonestly or unreasonably. QOCS significantly reduces the financial risk of bringing a claim that is ultimately unsuccessful.
- Quantum
- The monetary value of a claim — how much compensation is being sought. Quantum is assessed separately from liability in many medical negligence claims.
S
- Settlement
- An agreed resolution of a legal claim, usually involving a payment of compensation without the need for a court judgment. The vast majority of medical negligence claims in England and Wales resolve by settlement.
- Special Damages
- Compensation for quantifiable financial losses caused by the negligent treatment — including past and future loss of earnings, care costs, medical treatment costs, travel expenses, and aids and adaptations.
- Success Fee
- The additional fee paid to a solicitor when a no win no fee claim succeeds, representing the solicitor's reward for taking the financial risk of the case. In medical negligence claims, the success fee is capped by law at 25% of the claimant's past losses and general damages. Future losses are excluded from the cap.
V
- Vicarious Liability
- The legal principle by which an employer is responsible for wrongful acts committed by its employees in the course of their employment. In medical negligence, an NHS Trust is vicariously liable for the negligent acts of its employed clinical staff, meaning the claim is brought against the Trust rather than the individual clinician.
Where to read next
For the practical context in which these terms apply, see our pages on patient rights, the claim process and No Win No Fee funding.