The Claim Journey

  • Karen EllisonEmail author
  • Emma Ferriman


Obstetrics and Gynaecology is an increasingly high-risk specialty regarding medical litigation. The majority of clinicians will be involved in medical litigation during their careers. Litigation can have a negative impact on doctors and their practice, but as it is now a common occurrence clinicians need to understand how a claim arises and the subsequent sequence of events. It is important that doctors involved in litigation cases conduct themselves in an appropriate manner with full cooperation. It is equally important that professionals are open and honest regarding their involvement. This chapter deals with the pathway along which a claim may or may not progress and highlights the roles played by both legal and medical professionals.


Medical litigation Medical malpractice Clinical negligence Medical errors Medical claims 


  1. 1.
    The doctor weighs What happens when doctors get sued.
  2. 2.
    Bowen-Berry D. The physicians guide to medical malpractice. Proc (Bayl Univ Med Cent). 2001;14(1):109–12.CrossRefGoogle Scholar
  3. 3.
    Medical Defence Union. Medicolegal guide to clinical negligence.Google Scholar
  4. 4.
    Ministry of Justice. Pre-action protocol for the resolution of clinical disputes. 30 Jan 2017.
  5. 5.
    Debono J. When patients sue. BMJ Careers. 16 April 2011.
  6. 6.
    General Medical Council. Good medical practice. London: GMC; 2001.Google Scholar
  7. 7.
    NHS Resolution. Five years of cerebral palsy claims. A thematic review of NHS resolution data. September 2017.
  8. 8.
    Panting G. How to avoid being sued in clinical practice. Postgrad Med J. 2004;80:165–8.CrossRefPubMedPubMedCentralGoogle Scholar

Copyright information

© Springer International Publishing AG, part of Springer Nature 2018

Authors and Affiliations

  1. 1.Medical Protection SocietyLeedsUK
  2. 2.Department of Obstetrics and Gynaecology, Jessop Wing, Sheffield Teaching Hospitals NHS TrustSheffieldUK

Personalised recommendations