1. What Is Medical Negligence?
Medical negligence occurs when a healthcare professional provides substandard care that causes injury or worsens a patient’s condition. This can involve misdiagnosis, surgical errors, delayed treatment, or poor post-operative care.
2. Who Can You Claim Against?
You can file a medical negligence claim against:
- Doctors, nurses, or surgeons
- Dentists or opticians
- Hospitals (NHS or private)
- GPs or clinics
- Care homes or mental health providers
3. How to Know If You Have a Valid Claim
To succeed, you must prove:
- The care was below the accepted medical standard (breach of duty)
- That breach caused injury or harm (causation)
- You suffered loss as a result (damages)
4. Gather Strong Evidence
Important documents for your case include:
- Medical records and test results
- Written complaints or correspondence
- Photos of injuries
- Witness accounts
- Expert medical opinions
5. Time Limit for Claiming for Medical Negligence
You usually have three years from the date of the negligence or when you first became aware of it. Children can claim up to three years after turning 18. Exceptions exist for those with mental incapacity.
6. Compensation You Can Claim
Compensation, also called “damages,” includes:
- General damages (pain, suffering, loss of quality of life)
- Special damages (medical costs, loss of earnings, travel, care needs)
7. How to Start the Claims Process
- Contact a medical negligence solicitor
- Request and review your medical records
- Obtain expert opinions
- File a formal letter of claim
- Engage in negotiations or court proceedings if needed
8. Will You Have to Go to Court?
Most claims settle out of court. Court is only necessary if the other party denies liability or no fair settlement is offered. Your solicitor will guide you through this.
9. No Win No Fee Agreements Are Common
Many solicitors offer no win no fee arrangements. You only pay if your claim is successful, making it easier to access legal support with minimal financial risk.
10. Claiming Against the NHS vs. Private Providers
Claims against the NHS follow a specific protocol, including pre-action letters and internal complaints. Private providers are subject to civil litigation. In both cases, legal advice is essential for navigating procedures.
Frequently Asked Questions
Is there a difference between medical malpractice and negligence?
In the UK, the terms are used interchangeably. Both involve harm caused by substandard care from a medical professional.
How long do medical negligence claims take?
Simple cases may resolve in 12–18 months. Complex claims can take 2–3 years or more, especially if they go to trial.
Can I claim for emotional distress caused by medical negligence?
Yes. Psychological harm, anxiety, and trauma are valid components of compensation.
Can I claim on behalf of someone else?
Yes, especially if the person is a child, deceased, or lacks mental capacity. You may act as a litigation friend or next of kin.
Will making a claim affect my future medical care?
No. Healthcare providers must continue your care without bias. You also have the right to change providers if you wish.
Can I claim if the treatment made my condition worse?
Yes, if the worsening was due to negligent care, not just the natural progression of your condition.
Conclusion
Claiming for medical negligence can seem daunting, but with expert legal guidance and the right evidence, you can secure the compensation you deserve. Whether you’ve suffered from a misdiagnosis, surgical mistake, or lack of proper care, knowing your rights and acting within the time limits is crucial to a successful claim.