Bromley Solicitors

Bromley Negligence FAQs

I had a survey done on a house I bought and no significant problems were found by the surveyor.  However, it turns out that the house has significant structural problems, which will cost me a lot to rectify.  What can I do?

It is possible you have a claim of professional negligence against the surveyor.  By paying the surveyor to conduct a survey, a duty of care between you and the surveyor came into existence.  The surveyor was under a duty to exercise a reasonable level of care and skill that a professional surveyor can be expected to show.  Under this duty of care, your surveyor should have sufficient knowledge and experience to carry out the job, inspect the property, make sufficient enquires and make a proper appraisal and compile an adequate report.  If you can show that the surveyor did breach his duty of care, you will have to show that the surveyor could reasonably foresee the consequences of his action or inaction, which in most cases, is not difficult to establish.  It also has to be shown that there is a casual link between the negligence and the loss you have suffered i.e. did you rely on the surveyor’s negligent report in making your decision to buy the house?  Finally, it has to be shown that it is fair, just and reasonable to impose a duty of care in the circumstances.  In cases involving surveyor’s fulfilling this requirement will not usually prove to be problematic unless issues of public policy are at play.

I had a severe allergic reaction to some medicine that a doctor prescribed me.  What can I do?

Medical negligence can, at times, be fairly tricky for the reason that judges do not like to presume what a doctor would do in certain situations.  In this particular case, the courts will ask whether the doctor’s decision to prescribe you these drugs in the circumstances would be backed up by a “reasonable body of medical opinion” and if a case reaches this point, expert medical opinions become extremely important.  Relevant issues include whether your doctor was or should have been aware of your allergy; whether the doctor asked you if had any allergies and whether administrative staff passed on your records from a previous clinic.  If the doctor acted in a way that is not backed up by a “reasonable body of medical opinion” then he will be negligent subject to other certain requirements, including whether it can be proven that there was a casual link between the doctor’s negligence and the harm you suffered; whether the doctor could reasonably foresee the harm you would suffer and whether the courts consider it fair, just and reasonable to impose a duty of care in the circumstances.

Against whom do I bring an action for professional negligence?

In the majority of cases, professional negligence claims will be against the indemnity insurer.  If you have a strong claim, this can work in your favour as the insurance company may be prepared to settle out court, which is generally cheaper, quicker and less stressful.  In the case of professional negligence claims, your claim is generally against the relevant NHS trust or clinic or doctor if you were treated privately.

Is it possible to sue public bodies for negligence?

It is certainly possible, particularly where a precedent for your particular has already been set.  However, it is generally more difficult to sue a public body as compared to an individual or private organisation as the courts do not like to dictate how a public body should carry out its statutory duties.  Public policy reasons can also preclude some claims.  For example, it is has been stated in the past that the ambulance service is not under a duty of care to answer a call as to impose such a duty would hinder the service’s ability to carry out its role (a public policy issue).  However, where a call is answered, a direct duty of care between the service and the patient comes into existence.  This is a complicated area which entirely depends on your particular circumstances.