A Guide to Making a Medical Negligence Claim

Summary

• Medical negligence happens when substandard care causes avoidable harm.
• To bring a claim, you must prove duty, breach, causation, and damage.
• Most claims are settled before trial; however, expert legal advice is always required.
• Compensation covers both pain and suffering as well as financial losses.
• No Win No Fee agreements make claims accessible for most clients.

Medical negligence can cause life-changing physical and psychological injuries. If the standard of care you received from a healthcare professional fell below what could reasonably be expected, and that failure caused you harm, it may amount to medical negligence, and you may be able to bring a compensation claim.

Understanding how to make a medical negligence claim can make the process less daunting. This medical negligence claims guide is designed to explain your rights in clear, accessible terms. Whether you are seeking compensation for medical negligence from the NHS or a private healthcare provider, the claims process follows a structured path that puts your recovery at the centre.

What is Medical Negligence?

Medical negligence, also known as clinical negligence, happens when a healthcare professional provides treatment that falls below the accepted standard of care, resulting in you suffering an injury or your existing condition worsening. Medical negligence can also include failure to diagnose a condition or misdiagnosis. 

Everyday examples of medical negligence include misdiagnosis, surgical mistakes, delayed treatment, birth injuries, or failing to obtain proper consent. Importantly, not every poor outcome is negligence. Medicine carries risks, and a claim will only succeed if it can be shown that the treatment was negligent and that negligence caused you harm.

Do I Have Grounds for a Claim?

To bring a claim, three elements must be established. First, a duty of care must exist between the medical professional and the patient. Second, there must be a breach of that duty, meaning the care fell below the standard expected. Third, there must be causation; the harm must have been caused directly by that breach.

Evidence plays a critical role. Solicitors often request medical records, obtain witness accounts, and instruct independent experts to assess whether the treatment was negligent. 

Another important factor is time. The time limit for medical negligence UK claims is usually three years from the date of the incident or from when you first became aware of the negligence (the ‘date of knowledge’). For children, the clock runs from their 18th birthday, and for those lacking mental capacity, time limits may not apply until capacity is regained.

These rules determine eligibility for medical negligence claims and ensure cases are pursued while evidence is still available.

The Claims Process Step by Step

Step 1: Seek Legal Advice

The first step is to talk to a Medical Negligence Solicitor. They will assess whether you have a claim and explain the process to you.

Step 2: Case Investigation

Once instructed, your solicitor will gather the necessary evidence. This typically involves requesting complete medical records, taking detailed statements, and obtaining expert medical opinions. Independent experts will assess whether the care fell below acceptable standards and whether it caused harm.

In addition, your Medical Negligence Solicitor will seek an early admission of liability from the other side in order to try and secure interim payments so you can access rehabilitation services as quickly as possible.

Step 3: Letter of Claim and Pre-Action Protocol

If the case is strong enough, your solicitor will draft a Letter of Claim setting out the allegations. This letter is sent to the NHS trust or private provider responsible. Under the medical negligence pre-action protocol, the defendant must respond with a Letter of Response, admitting or denying liability.

Step 4: Negotiation and Settlement

If liability is admitted, the next stage is negotiation over the amount of compensation. Many claims are resolved through settlement, sometimes supported by mediation or alternative dispute resolution.

The medical negligence settlement process is quicker and less stressful than a trial. Most clients prefer this route, which allows for compensation without the uncertainty of court. Out-of-court medical negligence claims are the norm rather than the exception.

Step 5: Court Proceedings

When early settlement is not possible, proceedings may be issued in court. This involves formal pleadings, disclosure of documents, and the exchange of expert reports and witness statements.

A trial may be required, though only a minority of claims reach this stage. If successful, the court will determine liability and award damages. 

Types of Compensation Available

Compensation in medical negligence claims is intended to ensure the claimant can access the rehabilitation they need, make adjustments to their property if required, and ease financial pressure.

Compensation comprises two parts:

• General damages compensate for pain, suffering, and loss of life enjoyment. 
• Special damages cover financial losses, such as travel expenses, lost earnings, the cost of future treatment, or long-term care.

Funding a Medical Negligence Claim

Many solicitors offer No Win No Fee medical negligence UK arrangements, also known as Conditional Fee Agreements (CFAs). Under these agreements, if you lose your claim, you will not pay legal fees. However, you will need to pay for any expenses relating to your case, such as court fees. To cover these and any orders to pay part or all of the other side’s legal costs if your claim is unsuccessful, you can take out After The Event insurance. Your Medical Negligence Solicitor can organise this for you.

How Long Does a Claim Take?

The length of a claim depends on its complexity. Straightforward cases where liability is admitted may be resolved in under two years. More complex claims, particularly those involving catastrophic injuries, can take several years.

The timeframe for medical negligence claims is influenced by the need for expert evidence and sometimes the patient’s recovery, which must stabilise before long-term losses can be assessed (this especially applies to claims involving head injuries).

Summing Up

Pursuing a claim for medical negligence can feel daunting, but our Medical Negligence Solicitors will be at your side every step of the way. With specialist advice, you can feel reassured that your claim will be meticulously presented, giving you the best chance of succeeding.

To instruct one of our Medical Negligence Solicitors, please fill in our contact form or email us at [email protected]