Medical Responsibility and Liability in the United Kingdom

Abstract

The first section of the chapter offers an overview of the Medical Acts which regulate medical liability in the context of the UK’s common law system, along with a description of the types of enquiries carried out and the recent trends in the number of claims made in the UK. The second section of the chapter examines the diverse judicial and extra-judicial institutions and operative roles in the UK, with emphasis on the assessment of alleged medical negligence cases by doctors and others, legal procedures, no-fault compensations and the Civil Procedure rules of 1998. The third section of the chapter describes the ascertainment methodology in living persons and cadavers, while the fourth section discusses the evaluation methodology, including the standard of care, causation––the “but-for” test and the doctrine of material contribution––and the forensic use of clinical guidelines. This chapter ends by discussing the future perspectives and probable reformations that will occur in the regulations governing the assessment of medical liability in the UK.