New definition of clinical negligence could mean more successful claims

Published on 25 Jun 2010 under category: legal

Debate around the definition of clinical negligence could result in more successful claims against recruiters.

In a blog for the lawyer, legal expert Katy Dowell writes that a current case that has been running at the Employment Appeal Tribunal could set a new precedent on cases around mental health.

A barrister accused her employers of withdrawing a job offer after she disclosed past mental health problems.

Though the firm said the offer was due to cutbacks, the woman decided to claim as the withdrawal violated the terms of the Disability Discrimination Act.

The case has been returned to the Employment Appeal Tribunal who concluded that the woman was not suffering from mental health issues at the time of discrimination, despite her GP's report.

However, the claimant faces another tribunal in which the panel will work on a legal definition of clinical negligence.

According to Ms Dowell, this could be hugely significant for recruitment practices.

People who feel they have suffered discrimination in the workplace based on mental health issues could have grounds for claims of clinical negligence.

If you require advice on Professional Negligence please call us on +44 (0)20 7831 0101 and ask for Peter Mellett.