1. Understand What Medical Negligence Means
Medical negligence occurs when a healthcare professional provides care that falls below an acceptable standard, causing injury, harm, or worsening a condition. You may be able to sue for medical negligence if:
- A diagnosis was missed or delayed
- Incorrect treatment or surgery was performed
- Consent wasn’t properly obtained
- You suffered avoidable injury during childbirth or post-operative care
Negligence must result in measurable harm, not just dissatisfaction with care.
2. Confirm the Elements of a Valid Claim
To succeed, you must prove three legal elements:
- Duty of care: The healthcare provider owed you a duty (e.g., NHS, GP, private hospital)
- Breach: That duty was breached by substandard care
- Causation: The breach caused your injury or worsened your condition
These elements require strong medical and legal evidence.
3. Request Your Medical Records
Before you sue for medical negligence, obtain your full medical records. These help:
- Identify where things went wrong
- Allow medical experts to assess the case
- Build a timeline of treatment and errors
Under UK data laws, you can request records from the NHS or private providers, usually free of charge.
4. Seek a Medical Negligence Solicitor
A solicitor who specialises in clinical negligence will:
- Review your case for free
- Advise if you have grounds to sue
- Arrange expert medical assessments
- Handle your claim on a no win no fee basis
They’ll manage communication with the hospital or GP and protect your rights throughout the process.
5. Know the Time Limit to Sue
You have 3 years from:
- The date the negligence occurred
OR - The date you became aware of the negligence (the “date of knowledge”)
Exceptions apply for children (3 years from their 18th birthday) or those lacking mental capacity.
6. Attend an Independent Medical Assessment
Your solicitor will arrange for a medical expert to:
- Review your records
- Assess your current condition
- Determine whether negligence occurred and caused harm
This expert opinion is vital to prove liability and quantify your damages.
7. Calculate What You Can Claim
You may sue for:
- General damages: pain, suffering, and loss of quality of life
- Special damages: out-of-pocket costs, lost income, care needs, home adaptations, and ongoing treatment
- Future losses: if the negligence affects your long-term earning ability or health
Compensation varies widely depending on the severity and impact of the harm.
8. Expect the NHS or Provider to Defend the Claim
If you sue the NHS, your claim will be handled by NHS Resolution, which may:
- Accept responsibility and settle
- Deny liability and contest the case
Most claims are resolved out of court, but some proceed to trial—your solicitor will prepare for both.
9. Be Prepared for a Lengthy Process
Medical negligence claims often take 12–36 months to resolve due to:
- Complexity of the medical issues
- Need for expert opinions
- Negotiations and possible court hearings
Patience is key—but your solicitor will keep you updated and push for the best outcome.
Frequently Asked Questions
Can I sue the NHS for medical negligence?
Yes. The NHS can be held liable for negligent treatment. Claims are managed through NHS Resolution.
How much compensation can I receive for medical negligence?
It varies. Minor claims may be worth £5,000–£20,000. Serious cases involving life-changing injuries can result in £100,000+.
Do I have to pay legal fees if I lose?
Not with a no win no fee agreement, as long as you’ve followed your solicitor’s advice. You may be protected by insurance.
How long do I have to make a claim?
Three years from the date of the negligent treatment or from when you became aware of it.
Do all medical negligence claims go to court?
No. Around 70–80% are settled out of court. But if the other side disputes the claim, court proceedings may be necessary.
What evidence do I need to sue for medical negligence?
Medical records, expert assessments, witness statements, and proof of the impact on your life are all critical to building a strong case.
Conclusion
Deciding to sue for medical negligence is a serious step—but if you’ve suffered due to avoidable mistakes in healthcare, you have the right to seek justice. With expert legal support, strong evidence, and patience, you can secure the compensation you deserve. Don’t suffer in silence—take control of your situation and protect your future.