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Medical Negligence Claims Solicitors

What is a medical negligence claim?

A medical negligence claim is a legal claim for compensation by a patient from a healthcare provider for substandard or negligent medical care.

A patient may be able to claim financial compensation for medical negligence when it can be proven that the negligence of a medical professional has caused injury, illness or worsened an existing condition.

The amount of compensation you may receive will depend on the extent of your condition and its effect on your life.

When can I make a medical negligence claim?

All medical professionals are legally obliged to provide a "reasonable level" of a duty of care towards their patients. You may have a legal right to claim compensation if this duty of care was substandard or breached and led to illness or injury.

You can claim medical negligence for substandard healthcare from the NHS and private healthcare providers.

To successfully claim compensation for medical negligence, you will need to prove that your medical condition worsened because of the negligent treatment you received.

How do I make a medical negligence claim?

The best way to find out your legal rights to make a medical negligence claim is to speak to one of our specialist clinical negligence claims solicitors.

We will advise you of your legal rights, how much compensation you may be entitled to claim, and how long the process may take.

How much compensation can I claim for medical negligence?

The amount of compensation you can claim for medical negligence in the UK can start at £1,500 and go up to millions of pounds.

Compensation amounts for medical negligence are determined by how severely the negligence has impacted your life.

As each medical negligence claim is unique, and it is very difficult to estimate the value of your claim without knowing the specifics of your case. Our experienced medical negligence solicitors will be able to advise you more clearly on what your claim might be worth during an initial consultation about your claim.

However, it is likely that the more severe your illness or injury may be and the long-term implications it may have on your life, the more compensation you may receive.

The level of compensation you may receive will depend on several factors, including:

  • The severity and type of injury you have suffered
  • The level of pain and suffering you have experienced and may continue to experience
  • Your medical costs to date, and the cost of ongoing medical treatment, and the care you may need
  • Your loss of earnings, including future earnings
  • The unique circumstances of your case.

The intention of awarding financial compensation is to put the claimant back in the position they would have been had the negligence never occurred. It is not to punish the healthcare provider.

How is compensation calculated for a medical negligence claim?

Compensation amounts for medical negligence claims are calculated by combining the compensation you may be legally entitled to for both general and special damages.

General damages amounts relate to the pain and suffering you may have experienced, while special damages relate to the effects the injuries may have on your life.

What are general damages in medical negligence claims?

The amount of compensation you may receive for general damages in a medical negligence claim may relate to the level of pain, suffering and loss of amenity, sometimes known as PLSA. Compensation amounts awarded will consider how the injuries may affect your daily activities, including socially, domestically and at work.

The Judicial College Guidelines from the Ministry of Justice provide guidance on the amount of compensation you can claim for general damages. These amounts relate to the part of the body injured, how severe the injury is, and if any ongoing symptoms may develop.

What are special damages in medical negligence claims?

In addition to the amount you can claim for general damages, you can claim for any reasonable financial losses or "out-of-pocket" expenses directly related to the negligent treatment you may have incurred or will incur.

The amount of claimable special damages is particularly significant for those who have suffered severe injuries, as they may need extended medical assistance, specialist equipment and adaptations to their home.

Claims for special damages could include, but may not be limited to:

  • Any loss of income or pension
  • Any costs associated with your rehabilitation or ongoing medical treatment
  • Any costs related to adaptations you may need to make to your home
  • Any costs for the care you may have or will need to receive, even if a family member or friend provides this
  • Any out-of-pocket expenses you or anyone who has cared for you may have incurred.

Our specialist medical negligence claims solicitors recognise that no amount of money can make up for what you may have suffered, so we take the utmost care and consideration into ensuring you are compensated correctly in relation to the severity of your injuries, the effects they have had on your life, as well as your loss of earnings and changes to your lifestyle.

What is the time limit to make a medical negligence claim?

You have up to three years to start your claim from when the medical negligence occurred or when you first became aware that the treatment you received was negligent.

However, there are some exceptions to the three-year limit. These include:

  • If a child suffered from medical negligence, they have up to three years from the date of their 18th birthday to start a claim.
  • If a person is unable to claim due to limited mental capacity, the three-year time limit does not apply and may only start if their condition improves to a point where they are able to claim for themselves.

The three-year time limit to claim compensation in the UK is known as the statute of limitations. It applies to all types of personal injury claims.

We recommend you start your medical negligence compensation claim as soon as possible, as this can help us collect all the evidence we need to present the strongest case.

What types of medical negligence can I claim for?

Our experienced medical negligence solicitors have extensive experience in successfully claiming compensation for those who have suffered due to negligence at the hands of a medical professional.

Some of the most common types of medical negligence compensation claims include but are not limited to the following;

Medical misdiagnosis

A medical misdiagnosis is an incorrect diagnosis of a medical condition or an injury that might result in the condition worsening or causing a delay in the correct treatment being provided.

Delayed diagnosis

A delayed diagnosis is a failure to promptly diagnose a medical condition or an injury, leading to further pain and suffering for the patient.

Incorrect treatment or Incorrect medication

Medical negligence can occur when a medical professional has advised the wrong treatment or prescribed incorrect medication.

Surgical negligence

Surgical negligence claims are common when mistakes are made during surgical procedures. Such examples include,

  • Incorrect or inadequate surgery
  • Foreign objects left in the body
  • Infections caused by the surgical procedure
  • Patients not being informed of the risks involved with the surgery recommended
  • Incorrect administration of anaesthetic leading to serious medical consequences.

Failure to refer

Negligence from failing to refer a patient to a suitable specialist for further investigation and treatment, leaving the patient at risk of their condition worsening.

Never events

Never events are defined as serious and preventable incidents that should have never been allowed to have happened. They are classified as "never events", as if the necessary guidance and safety recommendations were followed, the event would never have happened.

Who can I make a medical negligence claim against?

You have a legal right to make a medical negligence claim against any individual or legal entity that provided a substandard level of duty of care.

Claims can be brought against healthcare providers such as:

When can I make a no win no fee medical negligence claim?

You may have a legal right to make a no win no fee medical negligence claim if you have been a victim of receiving incorrect or improper treatment by a medical professional that has caused pain, trauma, injury or the worsening of a medical condition.

Our medical negligence solicitors provide our legal services on a no win no fee basis, which means you can claim with the peace of mind that you are at no financial risk if your claim is unsuccessful.

No win no fee agreements are also known as Conditional Fee Agreements (CFA). When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf. The policy protects you against any costs incurred relating to your claim. These costs could include legal fees, medical reports, court, and other expenses.

Our solicitors will explain how the policy works and what fee may be paid if your claim is successful.

What do I need to prove to make a medical negligence claim?

A successful medical negligence claim will need to prove that the standard of care you received fell below the reasonably expected acceptable standards and that the healthcare professional was negligent, and this caused your injury or your condition to worsen.

To do this, our medical negligence solicitors will examine four key areas relating to the medical care you received.

Duty of care

All healthcare professionals are legally required to provide a "reasonable" level of care to their patients. The first step is to discover if the level of care you received fell below the accepted standard.

Breach of duty

Proving that the medical professional failed to provide the legally required level of duty of care.

Causation

Proving that the actions of the healthcare professional were the cause of your condition or injury.

Damages

Providing evidence that the negligence has negatively affected your life.

What information do I need to provide to start a medical negligence claim?

While discussing your claim with our specialist solicitors, we will ask for information you can provide to support your case.

Don't worry if you don't have all of this information. Our experienced solicitors can collect this information on your behalf.

Such information may include, but isn't limited to:

Your medical records

We will build a comprehensive file including all records of treatment you received, including, where applicable, x-rays and scans. Such documents are vital in proving negligence.

A statement from yourself

The more information you can provide, the better we can advise you of your rights and build the most compelling case on your behalf. Typically, such information includes a timeline of your medical appointments, your experiences, and the impact the care you received has had.

Photographs

For claims where photographic evidence is helpful when proving when the injury occurred.

What is the medical negligence claim process?

There are a number of stages to making a clinical negligence claim. The following provides a breakdown of what to expect during the process:

Initial consultation with our team

During your free, no-obligation initial consultation, we will discuss the details of your case, including what mistakes you believe were made in the medical care you or your loved one received.
At this point, we will assess whether your claim justifies further investigation and then discuss the next steps and the various funding options.

Building your case

We will first need to establish the facts of the case clearly. This will involve various steps, including applying for medical records, taking witness statements and getting medical reports from independent medical experts to establish the extent of your or your loved one's injuries.

Letter of notification

This is an initial letter to the NHS Trust or other healthcare provider responsible for your care when the alleged medical negligence occurred.
This notifies them that you intend to bring a claim and allows the other party to offer an early resolution.

Submitting your claim

This involves sending a letter of claim to the defendant and setting out the facts of the case in detail, including exactly what errors we believe were made, the impact on your/your loved one's health, and how much compensation you are seeking.

The Defendant's response

The Defendant is required to respond within 4 months of receiving your letter of claim. Their response will usually either admit that negligence occurred and offer a settlement or deny that negligence occurred.
We will then discuss with you whether you should accept the response or take further action if no settlement is offered or you are unhappy with the level of settlement offered.

Issuing court proceedings

If the matter has not been resolved to your satisfaction by this point, we can initiate court proceedings. We will draft and submit 'Particulars of Claim' to the relevant local court, and the defendant will have 28 days to respond.
The court will then assign a court hearing date, typically around 18 months from when the Defendant responds to proceedings.
However, it is worth noting that most claims that reach this point will be resolved through a pre-trial settlement, meaning you rarely need to wait for or attend your hearing date.

Pre-trial settlement negotiations

While waiting for the hearing date, we will negotiate with the Defendant and their legal team to agree on a pre-trial settlement. These negotiations are usually successful, allowing claims to be resolved faster and avoiding needing you to appear in court.

Court hearing

If a pre-trial settlement cannot be agreed upon, you will probably need to attend a hearing before a judge. We have extensive experience with these hearings, so we can ensure your case is presented in the strongest possible way, with no available angle overlooked. Our skilled advocacy gives you the best chance of a fair outcome, no matter how your claim progresses.

How long do medical negligence claims take?

The length of time it would take for a medical negligence claim will depend on how complex the case may be.

Medical negligence claims typically take up to 18 months or more to settle. For more straightforward claims where liability is accepted, claims may be settled earlier than this, but for more complicated claims, the time frame could be longer.

As each claim is unique, unfortunately, there is no simple answer. However, our specialist medical negligence solicitors may be able to advise you on how long your claim may take once they start to understand the specifics of your claim.

How much will it cost to make a medical negligence claim?

Our medical negligence claims are provided on a no win no fee basis.

This means you are protected from paying a fee if your claim is unsuccessful.

For successful claims, a percentage of your compensation is typically paid to your solicitor for their legal services. We will explain the exact nature of what fees may be charged once you contact us to discuss your claim.

Do I have to go to court to make a medical negligence claim?

According to NHS Resolution, 81% of medical negligence claims were settled outside court in 2023/24.

Using the Ministry of Justice's Pre-Action Protocol for the Resolution of Clinical Disputes, settling through negotiation and other non-confrontational dispute resolution methods is usually possible. This means claims can typically be resolved faster and at a lower cost to you while allowing you to avoid the need to attend a court hearing.

Can I make a medical negligence claim on behalf of someone else?

Yes, you can make a medical negligence claim on behalf of someone else.

Such examples where you can make a claim for someone else include:

Claiming on behalf of a child

Children cannot legally claim themselves until they reach 18. Commonly known as a "litigation friend," a parent or legal guardian can claim on their behalf. As a litigation friend, the person has a legal duty to act in the best interests of the person for whom they are claiming.

Claiming on behalf of someone with diminished mental capacity.

If the person who has been a victim of medical negligence may not have the mental capacity to claim themselves, a legally designated person may be able to claim on their behalf.

Will I need to have a medical examination when making a medical negligence claim?

Yes, as part of the medical negligence claim process, you will usually be required to be examined by an independent medical professional. The examination and opinion will form part of your case and help you claim the compensation your condition deserves.

I'm still having treatment - will making a claim affect my care?

No, claiming medical negligence will not affect any ongoing care or treatment you may receive. It is unlawful for any healthcare provider to refuse to treat a patient due to an ongoing complaint or legal claim against them.

However, you can ask to receive your treatment from an alternative location or provider if you feel uncomfortable.

FAQs

Can I claim for medical negligence if I was treated through private healthcare?

Yes, you can make a claim for medical negligence if a private healthcare professional provided your treatment.

Just as when you receive treatment from the NHS, private healthcare providers owe their patients a duty of care. If this duty is breached or falls below the expected standard and leads to an injury, illness or medical condition, you have a right to make a medical negligence claim against the private healthcare provider.

What is the legal definition of a medical negligence claim?

The legal definition of an act of medical negligence is broken down into two parts. First, the care provided fell short of a "reasonable standard." Second, you must prove that the substandard care is the cause of an injury, illness, or made an existing condition worse.

What is "causation" in medical negligence claims?

Causation is the legal term used in a medical negligence claim that refers to the reason or cause of an injury or illness.

There are two types of causation: legal causation and factual causation.

Legal causation is determined by the "but for" test. Would the injury or illness have occurred if the negligent act had not taken place?

Factual causation is the proof that the negligent action of the healthcare provider caused the injury or illness.

What is the average compensation amount for medical negligence claims?

According to the NHS Resolution Annual report for 2023/24, a total of £2.8 billion in compensation was awarded for medical negligence claims in 2023/24.

The average medical negligence compensation payout in the UK is approximately £50,000 – based on data from the NHS Litigation Authority (now called NHS Resolution). But cases can range from a few thousand pounds into the millions depending on the severity of the injuries and the impact on the injured person’s life situation.

Why choose Wolferstans to make your claim?

Our team of dedicated, specialist medical negligence solicitors have decades of experience helping clients to claim compensation under even the most challenging circumstances.

With a proven track record of successful claims, often achieved without needing you to attend court, we can make claiming medical negligence compensation as simple and effective as possible.

Wolferstans is Lexcel accredited, reflecting the excellence of our practice management and client care. We are also accredited by the Law Society for Clinical Negligence in recognition of the particular strength of our work in this area.

Our team includes members of a wide range of organisations related to their specific expertise in the area of medical negligence, including:

Headway – the brain injury association
The Spinal Injuries Association
The Brain Injury Group
APIL (Association of Personal Injury Lawyers)
AvMA (Association Against Medical Accidents)
Specific team members have been accredited by the Law Society, AvMA, and APIL as Clinical Negligence Specialists and by APIL as Brain Injury Specialists.

More information on claiming for medical negligence with Wolferstans

What to expect during your free consultation
List of all medical negligene claims we can help you claim for
How to make a medical negligence claim
Funding options for medical negligence claims
More information on claiming on behalf of someone else
See how we've helped others in your position
Our accreditations
Helpful leaflets to download