What you need to know when medical care goes wrong
Everything a claimant in England and Wales needs to understand before deciding whether to take a claim forward. The legal test, the deadlines, how compensation is worked out, and what the process actually involves.ON THIS PAGE
Medical negligence claims at a glance
Medical negligence is care that falls below the standard expected of a reasonably competent healthcare professional, where that failure causes avoidable harm. To claim in England and Wales you must show a duty of care existed, that duty was breached, and the breach caused your injury.QuestionShort answerHow long do I have?What does it cost to ask?How is it funded?Will I go to court?How is compensation worked out?Does claiming affect my care?Usually 3 years from the treatment or from when you first reasonably knew the harm was linked to itNothing - the initial assessment is free and carries no obligationUsually a Conditional Fee Agreement - no win, no feeMost claims settle by negotiation without a trialGeneral damages for the injury, plus special damages for financial lossesNo - your right to continue receiving NHS treatment is unaffectedUNDERSTANDING YOUR CLAIM
The legal test for medical negligence
Three things must be shown. Each is established separately, and a claim can fail on any of them.01 DUTY OF CARE
A duty of care existed
Every registered healthcare provider owes their patient a duty to treat them to a reasonable professional standard, from the moment they take on your care. This is rarely disputed.
02 BREACH
That duty was breached
Care is judged against whether a responsible body of medical opinion would have supported the treatment given.
03 CAUSATION
The breach caused harm
You must show the substandard care caused or worsened your injury, not simply that a mistake was made. This is usually the hardest part of a claim to prove.
SETTING EXPECTATIONS
What is not medical negligence
A poor outcome is not automatically negligence. Treatment carries risk, conditions progress, and complications occur without anyone falling below the expected standard. What makes an outcome negligent is the quality of care behind it, not the severity of what followed.May amount to negligenceA condition that should have been diagnosed from the symptoms presented was missedA referral that guidelines required was not madeAn avoidable error occurred during surgeryDeterioration was not escalated when observations showed itA medication was prescribed despite a recorded allergy or interactionA significant risk was never explained before you consented
Usually not negligence on its ownA known complication that was properly explained beforehandTreatment that was reasonable but didn't work for youA condition that would have progressed regardless of the care givenA clinician being rude, dismissive or difficult to reachA long wait for treatment caused by service pressures aloneA diagnosis that was genuinely difficult to reach at the time
The distinction is rarely obvious from the outside, which is why claims are investigated with an independent expert in the same specialty rather than judged on how the treatment felt.
WHO CAN CLAIM
Who Can Make a Medical Negligence Claim?
If you were harmed by treatment that fell below a reasonable standard, you may be able to claim. So can people acting for someone who cannot claim for themselves, a child, a person who lacks capacity, or someone who has died. The care can have been given privately or on the NHS; the same rules apply either way.
The patient
CLAIMING FOR YOURSELF
If you were harmed by your own treatment, you can bring a claim in your own name. Most claims fall into this category.
The family, after a death
CLAIMING ON BEHALF OF SOMEONE WHO HAS DIED
The personal representative can bring a claim for the estate, and dependants, a spouse, partner, children or others who relied on the person may have a separate claim of their own.
A parent, for a child
CLAIMING FOR SOMEONE UNDER 18
A parent or guardian can claim on a child's behalf as a litigation friend. A child can also claim themselves later — they have until their 21st birthday. Bringing it sooner is usually better, while records and recollections are fresh.
Private and NHS patients alike
WHEREVER YOU WERE TREATED
The legal test does not change. NHS claims are usually handled by NHS Resolution; private claims are brought against the clinic, hospital or the practitioner's insurer.
A family member of deputy
CLAIMING FOR SOMEONE WITHOUT CAPACITY
Where a brain injury, dementia, learning disability or serious mental illness means a person cannot conduct a claim themselves, a relative, attorney or court-appointed deputy can act for them. There is no time limit while capacity is absent.
In limited cases, a witness
HARM CAUSED BY WHAT YOU SAW
A close relative who suffered a recognised psychiatric injury after witnessing a traumatic event can occasionally claim in their own right. The law here is narrow and has tightened in recent years, but it is worth asking about.
ELIGIBILITY
How long you have to make a claim
3 YEARS
You normally have three years to start a medical negligence claim in England and Wales, under the Limitation Act 1980. The three years run from the date of the negligent treatment, or from the date you first reasonably connected your injury to that treatment - whichever is later.Who or whatTime limitBasisAdults, standard claimChildrenThose lacking mental capacityClaims following a deathTreatment abroad3 yearsUntil their 21st birthdaySuspended3 yearsVariesFrom the treatment or the date of knowledge, whichever is laterThe three years begin on their 18th birthdayNo limitation runs while capacity is absentFrom the date of death or the date of knowledgeOther jurisdictions apply different periods - take advice early COMPENSATION
How compensation is worked out
There is no fixed amount. Compensation has two parts: general damages for the injury itself, valued using the Judicial College Guidelines, and special damages for financial losses caused by the negligence, calculated on your individual circumstances.General damages
Pain, suffering and loss of quality of life
Against brackets in the current Judicial College Guidelines, supported by medical evidenceLost earnings, treatment costs, travel, prescriptions, care provided by family
Special damages
From evidence of what was actually spent or lostAny figures you see online are a general guide only and are not advice on the value of an individual claim. Every case turns on its own medical evidence, and two people with the same diagnosis can have very different claims depending on how the harm affected their lives.Ongoing care, further surgery, adaptations, reduced earning capacity
Future losses
Projected with expert evidence, often the largest element in serious casesEVIDENCE
What evidence a claim needs
You do not need to gather this before getting in touch, obtaining records and expert evidence is part of the work. But anything you already hold is useful, and it is worth keeping.○
Full medical records
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Independent expert report
Your own account
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Complaint correspondence
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Receipts and payslips
FUNDING
What a claim costs you
No win, no fee means you're funded by a Conditional Fee Agreement. If your claim doesn't succeed, you don't pay your solicitor's fees. If it succeeds, a success fee is deducted from your compensation, capped by law as a percentage of specified damages.THE PROCESS
What happens, stage by stage
1
Free Case Assessment
Call us! We review your situation and confirm whether you have a valid claim, at no cost.
2
Evidence Gathering
We obtain your medical records, commission independent expert reports, and build a strong case.
3
Letter of Claim
We send a formal letter to the responsible healthcare provider outlining the negligence and compensation sought.
Straightforward claims where liability is admitted early can resolve in months. Complex claims involving several experts, and claims for children where the court must approve any settlement, take considerably longer.4
Negotiation
Most claims settle without going to court. We negotiate on your behalf to secure the maximum settlement.
5
Compensation Awarded
Once a settlement or court decision is reached, you receive your full compensation and we only take our fee if you win.
“I probably don’t have a case”
COMMON MISCONCEPTIONS
THE SENTENCE WE HEAR OFTEN
Usually before anyone has looked at the records. And more often than not, what's stopping someone isn't what happened to them it's something they've assumed about the process. That a bad outcome must mean negligence, so a manageable one can't be worth asking about. That claiming takes money off the ward that treated them - it doesn't; NHS claims are handled centrally. That the hospital complaints process has to come first, that a signed consent form settles it, that all of this ends in a courtroom. None of those are true, and none of them are a reason to stay quiet.
Still not sure whether any of this describes your situation?
That's the most common reason people get in touch. Tell us what happened and we'll explain which part of the legal test your case turns on and tell you honestly if we don't think you have a claim.
Medical Negligence Claim Help
