Medical Negligence FAQs

When something goes wrong with medical treatment, it can leave patients feeling confused, upset and unsure about their rights. Below we answer the most common questions people ask about medical litigation claims in England and Wales.

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What types of mistakes count as medical negligence?

Examples include:

•        Misdiagnosis or late diagnosis of a serious condition.

•        Surgical errors such as operating on the wrong body part or leaving objects inside a patient.

•        Prescribing the wrong medication or dosage.

•        Poor consent procedures, where patients are not warned about risks.

•        Failure to monitor a patient properly after treatment.

•        Inadequate infection control or hospital hygiene.

•        Delays in referring to a specialist.

Not every poor outcome is negligence. The key question is whether the care fell below the standard of a reasonably competent practitioner.

Can I bring a claim if the NHS treated me badly?

Yes. Most medical negligence claims in England and Wales involve NHS treatment. The NHS has its own complaints system, but if you have suffered avoidable harm because of negligent care, you may be entitled to financial compensation through the courts.

Can I bring a claim against a private hospital or clinic?

Yes. Private healthcare providers owe the same duty of care as NHS staff. If negligent treatment occurred in a private hospital, dental practice, cosmetic clinic, or other private setting, you may still have grounds to bring a medical litigation claim.

What is the difference between a complaint and a claim?

•        A complaint is a way of raising your concerns with the hospital, GP practice or healthcare provider. It may result in an apology, explanation or changes to procedures, but it will not lead to compensation.

•        A claim is a legal process aimed at securing financial compensation for the harm you have suffered. It requires legal advice, medical expert evidence, and often negotiations with the healthcare provider’s insurers.

Many people choose to make both a complaint and a claim.

Do I need to prove negligence with medical evidence?

Yes. Independent medical experts are usually needed to review your records and confirm whether the care fell below the proper standard and whether that caused your injury. Without this evidence, it is unlikely your compensation claim will succeed.

What kind of injuries can result from medical negligence?

Medical negligence can cause a wide range of harm, some relatively minor and some very serious indeed, such as:

•        Worsening of an existing condition due to delayed treatment.

•        Permanent disability from surgical mistakes.

•        Brain injury caused by lack of oxygen during birth.

•        Amputation following untreated infection.

•        Psychological injury, for example where incorrect diagnoses cause prolonged distress.

•        Death of a loved one due to negligent care.

How long do I have to make a medical negligence claim?

The usual time limit is three years from the date of the negligence, or from the date you first realised your injury was caused by negligence.

Exceptions include:

•        Children – they have until their 21st birthday to start a claim.

•        Adults lacking mental capacity – no time limit applies while capacity is lacking.

•        Fatal claims – the estate of the deceased has three years from the date of death or from when negligence was discovered.

It is always best to seek advice as soon as possible.

How much compensation can I receive?

The amount depends on the seriousness of the harm and its impact on your life. Compensation is usually split into two parts:

•        General damages – for pain, suffering and loss of quality of life.

•        Special damages – for financial losses, such as lost income, medical costs, care needs, travel expenses and adaptations to your home.

Severe and life-changing injuries can result in very high awards, but even moderate cases may still attract significant compensation.

Will I have to go to court?

Most medical litigation claims are settled out of court through negotiation or mediation. Only a small minority of cases proceed to trial. If your claim does go to court, your solicitor will guide you through the process and make sure you are properly represented at every stage.

How long will my claim take?

This varies depending on the complexity of the case:

•        Straightforward claims may settle in as little as 12–18 months.

•        Complex cases involving serious injury may take several years.

Delays often occur because independent medical evidence must be obtained and both sides may dispute liability or the value of the claim.

And unfortunately, in our experience, NHS Resolution ( previously known as the NHS Litigation Authority), the body that handles negligence claims against the NHS in England, doesn’t move as quickly as we would like them to. In our experience they can be slow in providing information and reluctant to admit any responsibility for negligence at an early-stage – despite sometimes overwhelming evidence. Regrettably this slows the whole process down in many cases.

Can I bring a claim on behalf of someone else?

Yes. You can act as a “litigation friend” to bring a claim for:

•        A child under 18.

•        An adult who lacks mental capacity to bring their own claim.

•        A deceased loved one’s estate, in a fatal accident claim.

What is a “No Win, No Fee” agreement?

A No Win, No Fee (conditional fee agreement) means you do not pay legal fees if your claim is unsuccessful. This makes it possible to bring a claim without financial risk.

Can I make a claim if I signed a consent form?

Yes. Signing a consent form does not protect a healthcare provider from negligence. If you were not given clear information about the risks, or if the care fell below acceptable standards, you may still be able to claim.

What is the role of the NHS Resolution?

NHS Resolution is the body that handles negligence claims against the NHS in England. They act on behalf of NHS Trusts, negotiate settlements, and defend claims. Your solicitor will deal directly with NHS Resolution or the relevant insurer on your behalf.

How is medical negligence proved in law?

English law applies the Bolam test and the Bolitho test:

•        Under Bolam, a doctor is not negligent if their actions were in line with a practice accepted by a responsible body of medical professionals.

•        Under Bolitho, that body of opinion must also be logical and defensible.

Your solicitor will obtain expert medical reports to assess whether these legal tests are met.

What if my GP failed to refer me to a specialist?

Failure to refer can amount to negligence if it caused a delay in diagnosis or treatment that harmed your health. For example, missing symptoms of cancer and failing to arrange urgent referral may result in significant progression of disease.

Can I claim for a misdiagnosis?

Yes, if the misdiagnosis caused harm. For example, being told you do not have cancer when you do, leading to delayed treatment, or being wrongly diagnosed with a serious illness and undergoing unnecessary treatment.

Can I claim for birth injuries?

Yes. Birth injury claims can be brought where negligent care during pregnancy, labour or delivery causes harm to mother or baby. Examples include oxygen deprivation leading to cerebral palsy, failure to respond to fetal distress, or errors with forceps or caesarean section.

What is a “never event”?

A “never event” is a serious incident that should never happen if proper safety procedures are followed. Examples include:

•        Wrong-site surgery.

•        Retained surgical instruments.

•        Fatal medication errors.

If you or a loved one has been affected by a never event, this is strong evidence of negligence.

What is the difference between medical negligence and clinical negligence?

There is no difference. Both terms describe the same situation: a healthcare professional providing substandard care that causes harm. And medical litigation is merely the term for bringing 1 of these cases to court

Do I need to use a solicitor who specialises in medical negligence?

Yes. Medical negligence claims are highly complex. A specialist solicitor will:

•        Understand medical terminology and procedures.

•        Work with independent medical experts.

•        Build a strong case on your behalf.

•        Handle negotiations with NHS Resolution or insurers.

Using a solicitor without this expertise risks your claim being undervalued or rejected.

Can I claim for negligent dental or cosmetic treatment?

Yes. Dentists, cosmetic surgeons, and other healthcare providers all owe a duty of care. Negligence claims can arise from botched cosmetic surgery, failed implants, nerve damage during dental procedures, or poor aftercare.

What support is available during a claim?

Pursuing a claim can be stressful. Many solicitors provide:

•        Regular updates on progress.

•        Access to medical experts and rehabilitation providers.

Compensation is not only about money; it can also help you access treatment and support that aids your recovery.

How do I start a claim?

•        Step 1 – Contact 1 of our specialist medical negligence solicitors for free initial advice – we offer free initial phone advice and a free 1st appointment (face-to-face on the phone or by video call)

•        Step 2 – Provide details of your treatment, what went wrong, and how it has affected you.

•        Step 3 – Your solicitor will gather records, instruct experts, and advise whether you have a strong case.

If your claim is likely to succeed, it can usually be funded on a No Win, No Fee agreement.

Doctors stick together – will the independent doctor really help my claim?

The purpose of an independent doctor in medical negligence claims is to provide an unbiased view of the situation and write a report based on the facts of the case. This means that they are not on anyone’s side and their job is to be completely impartial.

If your solicitor has instructed an independent doctor to participate in the case, it is likely to be because they think your claim has a chance of succeeding. If this is the case, the independent doctor will more than likely help your claim. If the doctor reviews the evidence and reports back that s/he thinks your claim would be unsuccessful, it may be hard to hear but it is better to know early on in the process rather than proceeding with a costly case you may well lose.

This means that the independent doctor has a vital role in medical negligence litigation claims, but their job is not to automatically take your side. Rather, they have to present the true facts of the case so that you can make the right decision in relation to your claim.

Will an independent doctor need to examine me?

It is likely that an independent doctor will need to examine you in order to back up your claims. For instance, if you are claiming compensation on the grounds that you received unexpected or excessive scarring following a medical procedure, this will need to be confirmed. The purpose of the investigation is to build as strong a case as possible and you will be treated sensitively throughout, so you shouldn’t worry about the examination.

Types of Injury Compensation

The amount of injury compensation you will receive for a successful medical negligence claim depends on the particulars of your case. This means it is hard to predict an exact amount of compensation, but when deciding how much you should receive, a judge will consider:

• Your loss of earnings due to illness or injury caused by negligence

• The cost of your care prior to the trial due to negligent treatment

• The pain and suffering you have gone through as a result of the negligence (including factors such as reduction in life expectancy, psychological damage and other effects on your life)

• The cost of your future care as a result of the negligence

• The impact of the negligence on your future potential to earn, including loss of pensions and loss of earnings following the trial

As it is not always possible to know how the impact of the medical negligence will affect you in the future, you can sometimes also claim provisional damages. Most damages fall under the categories of ‘special’ and ‘general’ damages. Very occasionally, you can also claim ‘aggravated’ damages, which can be awarded if a medical professional has behaved in a way that was disgraceful as well as negligent.

Medical Negligence Injury Compensation – looking at similar cases

Your solicitor may also look at levels of injury compensation in comparable cases in the past and use these as a guide when making a case for damages. For cases that were decided some years ago, your solicitor can estimate how much the level of compensation should be increased to take into account inflation. The final decision on compensation is down to the judge, but appointing the right medical solicitor lays a huge part in determining how much you are entitled to.

For a more accurate estimate of the compensation you may be entitled to – call us today

If you would like to know more about the compensation you might receive as a result of your medical negligence claim, call one of our medical litigation solicitors today. They will be able to tell you more about the conditions and factors that are taken into consideration when the judge is deciding how much to award you, and will be able to make sure they have all the necessary information from you so your compensation award is as fair and accurate as possible.

A member of my family has died as a result of poor medical treatment – can I still claim?

Yes. If you believe that a member of your family has died due to medical negligence you may well be able to make a claim. Typically, this will be a fatal injury claim and you may well have to attend an inquest presided over by a coroner. The purpose of the inquest is to establish the cause of the person’s death and the circumstances leading up to it.

You can also make a claim on behalf of people with mental disabilities who are unable to act in their own capacity and who have suffered medical negligence. Your solicitor will be able to tell you more about the process of making a claim on behalf of someone else.

Can I make a medical negligence claim on behalf of my child?

Yes. You can also make a claim on behalf of children in your care who have suffered medical negligence, as well as people with mental disabilities who are unable to act in their own capacity. Don’t forget however, with children[unless the injury only came to light later), you must claim before they reach the age of 21, or they lose the right to do so.

With regard to medical negligence claims on behalf of children, legal aid is now only available to fund the case in very limited situations.

What are never events?

In the UK, “Never Events” are a specific category of the most serious and entirely preventable patient safety incidents.

Here’s the definition used by NHS England:

A Never Event is a serious incident that is wholly preventable, because guidance or safety recommendations that provide strong systemic protective barriers are already available and should have been implemented by healthcare providers.

Key points:

• They are not simply any mistake – they are events where safeguards exist that should make them impossible if followed correctly.

• They cause serious harm or could have caused serious harm to a patient.

• They trigger a duty of candour to the patient/family and must be reported to national regulators.

• They require a full investigation and learning review under the NHS Patient Safety Incident Response Framework (PSIRF).

Examples of Never Events:

• Wrong-site surgery (e.g., operating on the wrong limb).
• Retained foreign object post-procedure (e.g., swab left inside patient).
• Wrong implant/prosthesis.
• Mis-selection of a strong potassium-containing solution.
• Administration of medication by the wrong route

The list is updated periodically by NHS England – currently about 15 categories are classed as Never Events.

Can I make a claim without a solicitor?

While you can make complaints to medical bodies on your own initiative, if you are planning to pursue a full claim properly you will need the services of a specialist medical negligence solicitor. Strict processes have to be followed and time limits kept to -specialist knowledge is frankly essential and using an experienced expert solicitor is so important.

Also, if your case ends up going to court, your solicitor will need to put the proceedings into motion and also act on your behalf throughout the trial. Medical negligence cases can also be complicated, not necessarily because the law is complex but because medical issues are often sensitive and it can be hard to prove negligence.

In general, when people have made medical negligence claims without a solicitor, their success rates have been very poor, while success rates for claims with a solicitor are much better. Your solicitor can also provide invaluable advice such as whether you should proceed with a claim, so it is definitely worth using their services.

How do I know who to charge with negligence?

Knowing who to charge with medical negligence can sometimes be confusing, especially if you have dealt with several doctors and are unsure which of them was to blame for the medical error.

If you are making a claim of negligence against the NHS, the defendant in your case might be the relevant health authority or the NHS Trust. However, if you are making a claim against a GP, even if they are working under contract for the NHS, you would name either the GP or their practice as the defendant in the claim.

Your solicitor will be able to help you identify who you should charge with medical negligence in cases where this isn’t clear cut. The initial stages of investigation into your case should help to make this clearer, as should obtaining your medical records to see who was responsible for your care at the time the negligent act took place.

Is legal aid is still available for my medical negligence claim?

Legal aid is now only available for medical negligence and very limited circumstances. In particular since changes made on April 1, 2013, only children whose brain injuries were caused during the pregnancy itself, or who were injured during their birth, or who have developed serious brain injuries which led to serious disabilities within 8 weeks of their birth qualify for legal aid to make a medical negligence compensation claim

Legal aid is only available through a small number of solicitors firms that that have been awarded a “clinical negligence franchise” by the government’s Community Legal Service. Because the vast majority of our clients are no longer eligible for legal aid, we gave up our legal aid franchise following the changes