How To Make Clinical Negligence Compensation Claims

Table of Contents

1. What Are Clinical Negligence Compensation Claims?

Clinical negligence compensation claims (also known as medical negligence claims) arise when a healthcare provider delivers substandard care that causes injury, illness, or worsens an existing condition.

Claims can be made against:

NHS hospitals
Private clinics
Doctors, nurses, surgeons, dentists, and other medical professionals

2. When Can You Make a Clinical Negligence Claim?

You can make a claim if:

You suffered physical or psychological harm
The care provided fell below acceptable standards
The harm was directly caused by medical negligence
The incident occurred within the last three years

For children, the time limit starts from their 18th birthday. For individuals lacking mental capacity, there is no time limit until capacity is regained.

3. Common Types of Clinical Negligence

Some of the most frequent clinical negligence claims include:

Misdiagnosis or delayed diagnosis
Surgical errors or wrong-site surgery
Medication or prescription errors
Failure to obtain informed consent
Negligent maternity or birth care
Inadequate aftercare or follow-up
Failure to refer to a specialist

Any breach of a healthcare provider’s duty of care that results in harm may be grounds for a claim.

4. What Can You Claim Compensation For?

Compensation covers:

General Damages – pain, suffering, and loss of quality of life
Special Damages – financial losses, including:
- Medical expenses
- Rehabilitation and therapy
- Loss of earnings (past and future)
- Travel and care costs
- Home adaptations
- Psychological harm

Your solicitor will calculate your full losses to ensure a comprehensive claim.

5. How to Prove Clinical Negligence

To succeed, you must show:

Breach of Duty: Care fell below acceptable medical standards.
Causation: That breach caused your injury or worsened your condition.
Damages: The physical, emotional, or financial losses you’ve suffered.

Independent medical experts often review your treatment and provide reports supporting your claim.

6. How Long Do Clinical Negligence Claims Take?

Timeframes vary by complexity:

Simple cases: 12–18 months
Moderate complexity: 18–30 months
Severe injury or disputed cases: 2–4 years or more

Your solicitor will push for a fair and timely resolution while ensuring your evidence is solid.

7. Do You Need a Solicitor?

Yes—clinical negligence claims are highly complex. A solicitor will:

Review your medical records
Instruct independent medical experts
Gather witness evidence
Prepare legal arguments
Negotiate with the NHS or private providers

Most clinical negligence solicitors offer No Win No Fee arrangements, so you only pay if your claim is successful.

8. How Much Compensation Could You Receive?

Compensation depends on injury severity and impact. Typical figures include:

Minor injury (full recovery): £1,000–£5,000
Moderate complications or prolonged pain: £5,000–£50,000
Severe disability or permanent harm: £50,000–£500,000+
Birth injury to baby (e.g., cerebral palsy): £500,000–£5 million+

Your solicitor will also include ongoing care and financial losses in the total.

9. Can You Claim Against the NHS?

Yes. NHS Resolution manages claims on behalf of NHS Trusts.
Despite the perception, many NHS claims are settled out of court and involve open communication and resolution processes.

NHS providers have legal and ethical duties to uphold patient safety—and patients have every right to hold them accountable for negligence.

Frequently Asked Questions

Q1: Is there a difference between clinical and medical negligence?
No—they are terms used interchangeably in the UK.

Q2: Can I claim on behalf of someone else?
Yes, if you’re a parent, guardian, or hold legal authority for someone lacking capacity.

Q3: Will I need to go to court?
Most claims settle out of court. Trials occur only in a small number of disputed cases.

Q4: Can I claim for psychological harm?
Yes, mental and emotional trauma is compensable with supporting medical evidence.

Q5: What if I’m unsure whether my care was negligent?
Contact a solicitor for a free initial consultation. They’ll review your case and advise on viability.

Q6: Can I claim if the negligent provider is now retired or deceased?
Yes, claims are made against their employer or insurer—not the individual directly.

Conclusion

If you’ve suffered due to poor medical treatment, making a clinical negligence compensation claim can provide justice, financial support, and closure. With experienced legal help, you can hold the healthcare provider accountable and receive the compensation you deserve—safeguarding your future health and wellbeing.

Martin taggart