1. What Are Clinical Negligence Claims?
Clinical negligence claims—also known as medical negligence claims—are legal actions taken against healthcare providers (NHS or private) when a patient suffers harm due to substandard medical care. The claim seeks compensation for injuries, additional treatment, lost earnings, and emotional distress.
2. Who Can Make a Clinical Negligence Claim?
You may be eligible to claim if:
- You were directly harmed by negligent treatment
- A family member died or was injured due to poor care
- You are a litigation friend claiming on behalf of someone unable to represent themselves (e.g., a child or mentally incapacitated adult)
3. What Constitutes Clinical Negligence?
To pursue clinical negligence claims, you must prove:
- Duty of care: The healthcare provider owed you safe and competent treatment.
- Breach of duty: The care provided fell below acceptable medical standards.
- Causation: The breach caused you injury, illness, or worsened your condition.
4. Common Examples of Clinical Negligence
Clinical negligence can take many forms, such as:
- Misdiagnosis or delayed diagnosis
- Surgical errors (e.g., wrong-site surgery)
- Incorrect or harmful medication
- Birth injuries to mother or baby
- Negligent cosmetic procedures
- Inadequate infection control (e.g., sepsis or MRSA)
5. How to Prove Clinical Negligence
To succeed with clinical negligence claims, you’ll need:
- Detailed medical records
- Expert medical reports supporting your claim
- Evidence of physical, emotional, or financial harm
- Legal support from a specialist solicitor
6. Compensation for Clinical Negligence
You may receive compensation for:
- General damages: Pain, suffering, and loss of quality of life
- Special damages: Medical bills, care costs, lost earnings, travel expenses
- Future losses: Long-term care, equipment, adaptations to home Payouts depend on the injury’s severity and its long-term impact on your life.
7. NHS vs Private Claims
Whether the care was received through the NHS or a private provider, the legal process is largely the same. NHS claims are typically handled by NHS Resolution, while private claims are managed by the practitioner or their insurer.
8. How Long Do You Have to Claim?
You have three years from:
- The date of the incident, or
- The date you became aware that negligence caused the harm
Exceptions:
- Children: Time limit starts at age 18
- Mental incapacity: No time limit until mental capacity is regained
9. The Claims Process Step-by-Step
- Contact a specialist clinical negligence solicitor
- Your solicitor obtains and reviews medical records
- Independent medical experts assess the standard of care
- A Letter of Claim is submitted to the provider
- Negotiations begin—most claims settle out of court
- If no settlement, court proceedings may be issued
10. No Win No Fee for Clinical Negligence Claims
Most solicitors offer a no win no fee agreement:
- You pay nothing upfront
- Legal fees are only due if your claim is successful
- A success fee (usually capped at 25%) is deducted from your compensation
Frequently Asked Questions
Q1: How much compensation will I get for clinical negligence?
It depends on the injury severity, financial impact, and future care needs. Minor claims may award £1,000–£10,000, while serious injury claims can exceed £500,000.
Q2: Will I need to go to court?
Most cases settle out of court. You’ll only go to trial if there’s a dispute over liability or compensation amount.
Q3: What evidence is needed for a successful claim?
Medical records, expert reports, photos of injuries, witness statements, and financial records help build a strong case.
Q4: Can I still claim if I signed a consent form?
Yes. Consent does not protect providers from liability if the care delivered was negligent.
Q5: Can I claim on behalf of someone who has passed away?
Yes, close family members can claim on behalf of a deceased relative under the Fatal Accidents Act or through probate.
Q6: How long does a clinical negligence claim take?
Straightforward claims may settle in 12–24 months. Complex cases, especially involving long-term injuries, can take several years.
Conclusion
Clinical negligence claims offer a vital route for patients harmed by substandard medical care to secure justice and compensation. Whether you suffered due to misdiagnosis, surgical error, or poor aftercare, a qualified solicitor can guide you through the process and help you rebuild your life. Don’t delay—get the expert help you need to start your claim today.
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