Who decides whether medical treatment was negligent?

Ultimately, it would be a judge relying on expert evidence from medical professionals if the case was one of the small percentage of medical negligence claims that go to trial. The test for clinical negligence was laid down by the court over 50 years ago. Fundamentally, it is the opinion of other healthcare professionals within the relevant speciality, not the opinion of the patient, their family or friends, that determines whether a claimant’s treatment can be described as negligent or not.

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