1. What Is Medical Negligence?
Medical negligence—also known as clinical negligence—occurs when a healthcare professional provides substandard care that directly causes injury, illness, or worsens an existing condition.
This includes actions (e.g., surgical errors) and omissions (e.g., failure to diagnose or treat).
For a successful claim, three legal elements must be proven:
- Duty of care existed
- The duty was breached
- That breach caused harm
2. Common Examples of Medical Negligence
Medical negligence can happen in NHS or private settings and includes:
- Misdiagnosis or Delayed Diagnosis
- Surgical Errors
- Wrong Medication or Dosage
- Failure to Obtain Informed Consent
- Birth Injuries (to mother or baby)
- Negligent Post-operative Care
- Failure to Refer to a Specialist
Each of these errors can have serious, life-altering consequences for patients.
3. Who Can Be Held Liable?
Liability can extend to:
- Doctors and Surgeons
- Nurses and Midwives
- GPs and Dentists
- Pharmacists
- Hospitals or Trusts (as employers)
You can bring a claim against an individual or an organisation, depending on who was responsible for the care.
4. How Do You Prove Medical Negligence?
To win a claim, you must show:
- A Breach of Duty of Care: The standard of care fell below that of a competent medical professional.
- Causation: This breach caused you harm that wouldn’t have happened otherwise.
- Damages: Physical, emotional, or financial losses due to the negligence.
Expert medical witnesses usually assess whether the standard of care was acceptable.
5. What Can You Claim Compensation For?
A medical negligence claim can cover:
- General Damages: Pain, suffering, and loss of amenity.
- Special Damages: Financial costs such as:
- Medical treatment
- Rehabilitation
- Loss of earnings
- Travel expenses
- Care costs
- Future financial loss
Every case is unique and is assessed based on severity and impact on your life.
6. Time Limits for Medical Negligence Claims
You typically have three years from the:
- Date of the incident, or
- Date of knowledge—when you first realised harm was caused by negligent care
Exceptions include:
- Children: Time limit starts from their 18th birthday
- Mental Capacity: No limit while the patient lacks capacity
Seek legal advice as soon as possible to avoid missing deadlines.
7. How to Start a Medical Negligence Claim
Steps to take:
- Request Your Medical Records
- Contact a Specialist Solicitor
- Get an Independent Medical Assessment
- Send a Letter of Claim to the Healthcare Provider
- Begin Negotiations or Prepare for Court
Most medical negligence solicitors offer No Win, No Fee services, so you won’t pay unless your claim succeeds.
8. Do You Have to Go to Court?
Most medical negligence claims settle out of court. However, if the NHS or private provider denies liability or won’t offer fair compensation, your solicitor may recommend going to court.
Even then, only a small percentage of cases actually proceed to a full trial.
9. Why Legal Expertise Matters
Medical negligence claims are complex. A specialist solicitor will:
- Build a strong case with expert evidence
- Handle negotiations with hospitals and insurers
- Guide you through legal processes
- Maximise your compensation
They will support you compassionately while ensuring your rights are protected.
Frequently Asked Questions
Q1: Can I claim for emotional distress due to negligence?
Yes, if it can be medically supported and is linked to the negligent act.
Q2: Is medical negligence the same as a mistake?
Not always. A mistake becomes negligence if it falls below a reasonable standard and causes harm.
Q3: How long do medical negligence cases take?
Usually 12–36 months, depending on case complexity and whether liability is admitted.
Q4: What if the NHS made the error?
You can still claim. NHS claims are handled by NHS Resolution, a government body.
Q5: Can I complain and claim compensation at the same time?
Yes. Complaints and legal claims are separate processes.
Q6: Is compensation from a medical negligence claim taxable?
No, compensation is generally tax-free in the UK.
Conclusion
Medical negligence can have serious and lasting consequences—but you don’t have to suffer in silence. If you’ve been harmed due to poor medical care, you have the right to seek compensation and accountability. With expert legal advice, you can navigate the claims process and secure the justice and support you deserve.
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