1. What Is Medical Negligence?
Medical negligence, also known as clinical negligence, occurs when a healthcare professional fails in their duty of care, leading to harm or injury. This can involve doctors, nurses, dentists, surgeons, and even care home staff. A claim for medical negligence allows patients to seek compensation for the damage caused.
2. Common Examples of Medical Negligence
You may be able to claim if you experienced:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Incorrect or inappropriate treatment
- Medication mistakes
- Birth injuries (to mother or baby)
- Hospital infections
- Negligent aftercare
Negligence can lead to worsened health, further surgeries, psychological trauma, or even death.
3. Do You Have Grounds to Claim Medical Negligence?
To make a claim, you must prove:
- A duty of care was owed by the medical professional.
- That duty was breached.
- The breach directly caused harm or worsened your condition.
- The harm led to physical, emotional, or financial damages.
Medical records and expert opinions are often required to prove these elements.
4. What Can You Claim Compensation For?
Your medical negligence claim may include:
- General damages: Pain, suffering, and loss of amenity
- Special damages: Financial losses like:
- Medical expenses
- Travel for treatment
- Loss of earnings
- Care costs
- Rehabilitation and therapy
- Home adaptations or mobility aids
Your solicitor will calculate your compensation based on the full impact on your life.
5. How to Start a Medical Negligence Claim
Follow these steps:
- Request your medical records – You have a legal right to access them.
- Seek a second medical opinion, if needed.
- Speak to a medical negligence solicitor – Most offer free consultations and work on a no win, no fee basis.
- Undergo an independent medical assessment arranged by your legal team.
- Submit the claim – Usually to the NHS Resolution (for NHS care) or private provider’s insurer.
A solicitor guides the process and ensures deadlines and legal requirements are met.
6. Time Limits for Claiming Medical Negligence
In the UK, you have three years to start a claim, starting from:
- The date the negligence occurred, or
- The date you first realised you were injured due to medical error
Exceptions:
- Children: Time starts at age 18
- Mental incapacity: Time paused until capacity is regained
- Fatal claims: Three years from the date of death or post-mortem result
Early action is recommended to avoid time limitations.
7. How Long Do Medical Negligence Claims Take?
Timeframes vary:
- Simple claims: 12–18 months
- Moderate complexity: 18–24 months
- Severe or disputed claims: 2–4 years
Most claims are settled before reaching court, though your solicitor will prepare for trial if needed.
8. Can You Claim Against the NHS?
Yes. The NHS can be held accountable for negligent care provided by hospitals, GPs, or other NHS staff. The process is the same, and compensation is paid via NHS Resolution, not individual doctors.
9. Do You Have to Go to Court?
Not usually. Most medical negligence claims are resolved through negotiation. Only around 2–3% of cases go to trial. If yours does, your solicitor will represent you and guide you through the proceedings.
10. How Much Compensation Could You Receive?
Compensation varies widely depending on:
- Injury severity
- Recovery time
- Impact on your quality of life
- Lost income and ongoing treatment
Example ranges:
- Minor errors with short recovery: £1,000 – £5,000
- Misdiagnosis leading to prolonged suffering: £10,000 – £50,000
- Permanent disability or severe injury: £100,000 – £1 million+
Your solicitor will arrange an expert report to accurately value your claim.
Frequently Asked Questions
Q1: Can I claim if I signed a consent form?
A: Yes. Consent doesn’t protect providers from negligent treatment.
Q2: Can I claim on behalf of a deceased family member?
A: Yes. You may be entitled to a wrongful death claim.
Q3: Is claiming medical negligence the same for private and NHS care?
A: The process is similar, but private claims go through the provider’s insurer, not NHS Resolution.
Q4: What happens if the claim fails?
A: If you use a no win, no fee solicitor, you pay nothing if your claim is unsuccessful.
Q5: Can I still claim if the injury happened years ago?
A: Possibly, if you only recently discovered the negligence. This is called the “date of knowledge.”
Q6: Do I need a solicitor for a medical negligence claim?
A: Strongly recommended. These claims are complex and require medical expertise, legal precision, and negotiation skills.
Conclusion
A claim for medical negligence can be life-changing—not only in terms of justice and accountability but also for securing the compensation you need to rebuild your life. With the right legal support, you can navigate the system confidently and ensure your voice is heard. Don’t wait—if you’ve been let down by healthcare professionals, take action today.
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