1. What Is a Medical Claim in the UK?
A medical claim UK refers to a legal claim for compensation when a patient suffers harm due to negligent medical care from an NHS or private healthcare provider. These claims cover both physical and psychological harm and aim to hold practitioners accountable for substandard treatment.
2. What Counts as Medical Negligence?
Medical negligence occurs when a healthcare professional:
- Fails to diagnose or misdiagnoses a condition
- Prescribes incorrect medication or dosage
- Makes surgical errors
- Causes injury during treatment or surgery
- Delays treatment, worsening the condition
- Fails to inform the patient about risks or alternatives
- Provides inadequate post-operative care
These mistakes must cause actual harm to the patient to qualify for a claim.
3. Who Can Make a Medical Negligence Claim?
You can make a claim if:
- You’re the patient harmed by negligent treatment
- You’re claiming on behalf of a child, someone who lacks mental capacity, or a deceased loved one
Claims can be made against:
- NHS hospitals
- Private clinics
- Dentists and GPs
- Care homes and mental health providers
4. What Can You Claim Compensation For?
Medical claims typically include:
General Damages:
- Pain, suffering, and trauma
- Loss of enjoyment of life
- Long-term disability
Special Damages:
- Cost of medical treatment and rehabilitation
- Travel expenses
- Loss of income or reduced earning potential
- Care and support costs
- Home adaptations or equipment needs
5. How Much Compensation Can You Get?
Compensation depends on the injury’s severity and long-term effects.
Typical payout examples:
- Minor negligence with full recovery: £1,000 – £10,000
- Misdiagnosed condition causing delay: £10,000 – £50,000
- Severe, permanent disability: £100,000 – £1 million+
You may also receive future loss compensation, such as lifetime care or therapy costs.
6. How to Prove a Medical Negligence Claim
To succeed, you must prove:
- Duty of care was owed (established for all NHS/private patients)
- The care was below acceptable medical standards
- The negligence directly caused your injury or harm
Evidence required includes:
- Medical records and treatment notes
- Expert witness reports
- Photographic evidence or witness statements
- Records of expenses and financial losses
7. Time Limits for Making a Medical Claim in the UK
You usually have three years from:
- The date of the negligent treatment, or
- The date you realised negligence caused harm
Exceptions:
- Children: Time starts from the 18th birthday
- Individuals without mental capacity: No time limit unless capacity returns
8. No Win No Fee Medical Claims
Most medical solicitors offer no win no fee arrangements:
- You pay nothing upfront
- You only pay a fee if the case succeeds
- Legal costs are capped at 25% of your compensation
This makes access to justice affordable and risk-free.
9. How to Start Your Medical Claim UK
- Request your full medical records
- Contact a medical negligence solicitor
- Receive a free consultation to assess your case
- Undergo an independent medical assessment
- Your solicitor sends a Letter of Claim to the responsible party
- Negotiate a settlement or proceed to court if needed
Most cases settle before trial.
Frequently Asked Questions
Q1: Can I claim against the NHS?
Yes. NHS claims are handled professionally through NHS Resolution, and compensation is paid from their insurance.
Q2: How long does a claim take?
- Simple cases: 12–18 months
- Complex or severe cases: 2–3+ years
Q3: Do I have to go to court?
Not usually. Most claims settle through negotiation.
Q4: Can I claim for emotional distress or PTSD?
Yes. Psychological harm is included if backed by medical evidence.
Q5: What if I signed a consent form?
Consent does not protect providers from negligence. You can still claim if care was substandard.
Q6: Can I change solicitors during a case?
Yes. You’re free to switch if you’re unhappy with your current representative.
Conclusion
A medical claim UK offers the opportunity to recover compensation and hold healthcare providers accountable for preventable harm. With a trusted no win no fee solicitor, you can begin your claim confidently and focus on recovery. Don’t delay—secure expert advice today and take your first step toward justice.
Leave a Reply