Medical Negligence Claims

Key advice when making a medical negligence claim

• GPs, doctors, nurses and all other medical professionals have a duty of care to protect patients from harm.
• If a medical professional breached their duty of care, or if your received substandard care resulting in your injury, you can claim compensation.
• You have 3 years from the date of your injury to begin your claim - but acting sooner will inc rease your chances of winning your claim.
• Medical negligence claims can take longer than other claims, but interim payments may be available
• Compensation awards depend on injury severity, impact on daily life, and financial losses. Use our compensation calculator to estimate your claim.
• You can claim compensation for medical negligence on a no win, no fee basis.

If a medical negligence injury has set you back, we'll help you move forward

Recovering from a medical negligence injury can be a long and difficult road, with challenges beyond physical healing. If your life or the life of a loved one has been set back by such an experience, we can help you make a No Win, No Fee claim and receive the compensation you need.

What is medical or clinical negligence?

Medical negligence (also known as 'clinical negligence') is when there has been a 'breach of duty' on the part of a healthcare professional.

A breach of duty means that the standard of care you received was below the standard that could reasonably be expected of a competent healthcare professional.

If the breach of duty causes an injury (physical or psychological), or worsens a pre-existing condition, it may be possible to claim financial compensation.

How does the NHS define clinical negligence?

According to NHS Resolution, clinical negligence is defined as follows:

"If the treatment you received fell below a minimum standard of competence and you suffered an injury as a result and it is more likely than not that the injury could have been avoided or less severe with proper treatment then you may be able to take legal action for compensation."

What is a medical negligence claim?

A medical negligence claim is when you take legal action, believing substandard medical care caused you harm. The goal is to secure compensation for your suffering. A solicitor will gather evidence to prove that the healthcare provider was negligent, and negotiate the best possible compensation settlement.

How common is medical negligence?

Clinical negligence claims in the UK are rising each year, with nearly 14,000 claims made against the NHS in 2023/24. Common claims include A&E negligence, birth injuries, cosmetic surgery errors, GP negligence, hospital neglect, misdiagnosis, orthopaedic negligence, prescription errors, and surgical mistakes. These claims cost the NHS around £14 billion annually.

Most claims result in a financial settlement without court proceedings. Claims against private hospitals, GP practices, and other medical providers are also common, though data for these is not centrally recorded.

How much compensation can I claim for medical negligence?

The compensation you're eligible to claim for medical negligence depends on:

• the extent of your illness,
• how your illness interferes with your daily activities and job,
• any financial burdens or costs arising from your illness.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages are awarded to compensate you for any costs or losses you've incurred or might incur as a result of your accident. These costs might include loss of earnings, including lost overtime, holiday pay, benefits and pension contributions, or any other out of pocket expenses.

Special damages may also be awarded for medical treatments or procedures that you might need to treat your injury, including corrective treatment and psychological support.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Understanding your rights and options

Medical negligence can have life-altering effects on patients and their families. When patients seek care from healthcare professionals, they expect a high standard of treatment. Unfortunately, this is not always the case, and patients may suffer harm as a result.

If you or a loved one has been affected by medical negligence, it's crucial to understand your legal options. Compensation claims hold healthcare professionals and institutions accountable, helping cover medical expenses, lost income, and pain and suffering.

The claims process can be complex and emotionally challenging, so working with an experienced solicitor is key. They will help you understand your rights, guide you through the process, and ensure you receive the compensation you deserve. Since time limits for making a claim vary, seek legal advice as soon as possible.

Should I make a complaint before starting a claim?

You may be unsure whether you have been a victim of medical negligence.

Using the formal complaint's procedure of the hospital or healthcare provider will help you and your solicitor to understand more about the circumstances surrounding your injury.

You don't need to make a complaint on your own. Your solicitor will assist you with the formal complaint's procedure for the NHS or private healthcare provider.

View contact details for formal healthcare complaints:

• NHS Complaints - The official channel for complaints about NHS GP's, dentists, hospitals or pharmacists.
• General Medical Council (GMC) - Handles serious complaints about hospital doctors and GPs.
• Health Service Ombudsman - Official body that investigate the NHS and health authorities if the formal complaints process has not resolved the complaint

What if the healthcare provider admits liability?

Your solicitor may arrange for you to see an independent medical expert to assess the medical facts. You would not be expected to pay for the medical, as the cost would be covered by your 'No Win No Fee' agreement.

Your solicitor will work with the medical experts to establish what level of compensation will be required to cover the pain and suffering you have experienced.

Your solicitor will also calculate the cost of care and treatment you may require as well as any other costs or losses you have incurred.

Should I use NHS Resolution?

Some claimants choose to use the independent mediation service known as NHS Resolution (formerly NHS Litigation Authority). This service can offer an alternative route to legal action. Approaching NHS Resolution does not prevent you from taking subsequent legal action if you are unhappy with the NHS Resolution outcome.

How can a medical negligence solicitor help me?

Your solicitor will handle your case from the free initial consultation to the final settlement, negotiating the best compensation with the NHS trust, GP, or private hospital responsible for your injury. They will gather evidence, assess what happened, and calculate the compensation you can claim based on your injuries, lost earnings, and expenses.

In addition to securing your compensation on a No Win No Fee basis, your solicitor can also:

• Obtain interim payments before the final settlement
• Secure funding for treatment and other costs
• Provide financial support while you are unable to work
• Arrange treatments not available on the NHS
• Coordinate with rehabilitation providers, occupational therapists, and physiotherapists
• Offer advice on personal injury trusts, tax, and benefits.

Clinical negligence FAQ's

How long does a medical negligence claim take?

The length of time needed to secure compensation for a medical negligence claim will vary.

A straightforward liability accepted medical negligence claim could be settled in 12 to 24 months. If liability is denied, a claim could take longer.

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

What if my injury was an 'undesirable outcome'?

If an error occurred during treatment and the patient was harmed as a result, this may be referred to as an "undesirable outcome".

Not all treatment that results in an undesirable outcome will result in the payment of compensation.

Sometimes an undesirable outcome is due to a known risk associated with the treatment, or due to a mistake that a doctor could reasonably have made in the circumstances.

Will I need to go into a solicitor's office?

Claims for medical negligence are conducted remotely. This means you won't have to travel to your solicitor's office when making a claim.

On a quick phone call with a friendly advisor, you can explain what happened and find out if you may have a claim. There is no obligation to start a claim.

Whenever you are ready, you can speak to a solicitor. They will address any questions you have, and will take care of each stage of the medical negligence claims process until you recieve your compensation.

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Sources

Author:
Howard Willis, Personal injury solicitor

About the author

Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.