Jess’s Rule and Clinical Negligence

The introduction of Jess’s Law in September 2025 was an important development in patient safety and the prevention of avoidable harm in primary care settings. The rule was named in memory of 27-year-old Jessica Brady, who died after her cancer went undiagnosed despite multiple GP consultations.

The rule adopts a ‘three strikes and rethink’ approach for General Practitioners. Under the guidance, where a patient presents on three occasions with the same or worsening symptoms and no clear diagnosis has been established, clinicians are encouraged to pause, review the patient’s history, reconsider potential diagnoses, and determine whether further investigations, referrals, or a second opinion are required.

Jess’s Rule does not create a new legal cause of action, nor does it alter the established legal test for clinical negligence. Claimants must still prove that:

1. The healthcare professional breached their duty of care by providing treatment that fell below the standard expected of a reasonably competent practitioner; and
2. The breach caused injury that would otherwise have been avoided.

However, the guidance may become an important consideration when assessing whether a clinician acted reasonably. If a patient repeatedly attends with persistent symptoms and no meaningful review, investigation, or referral takes place, questions may arise as to whether appropriate steps were taken to reach a diagnosis. Further information can be found here: https://jessicabradycedartrust.org.uk/jesss-rule

Speak to Rachel Coward

Rachel is a Paralegal at Wollens and can advise you. Contact Rachel via email rachel.coward@wollens.co.uk or call 01803 225185.

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