Medical Negligence
Medical negligence claim information
Learn about potential claims when healthcare falls below a reasonable standard and causes avoidable harm. This guide explains general principles; a qualified solicitor must assess your individual circumstances.
General information only · Not legal advice
What counts as medical negligence?
Medical negligence — sometimes called clinical negligence — occurs when treatment falls below a reasonable professional standard and you suffer avoidable harm as a result. It can happen in NHS hospitals, GP surgeries, private clinics, dental practices, mental health services and care homes.
Two things must be shown: that the care fell below the standard of a reasonably competent clinician (a breach of duty), and that this breach directly caused you injury or made things measurably worse (causation). Independent medical expert evidence is often needed to establish both.
Many people hesitate to bring a claim because they don't want to criticise carers who tried their best. A claim isn't about blame — it's about acknowledging what went wrong and giving you the support, rehabilitation and financial security you now need.
Common medical negligence claim types
- Missed or delayed cancer diagnosis
- Surgical errors and never-events
- Birth injuries to mother or baby
- GP misdiagnosis and prescription mistakes
- Sepsis missed in A&E or on the ward
- Negligent dental treatment
- Failure to obtain informed consent
- Substandard care in hospital or care homes
How a medical negligence claim may be investigated
Independent legal assessment
A qualified solicitor can review the facts, explain the legal tests and advise whether a claim may be viable.
Independent medical evidence
An instructed solicitor may obtain independent clinical reports about the standard of care and harm caused.
Compensation and rehabilitation
Potential compensation may cover pain, lost earnings and reasonable costs of ongoing treatment, therapy or adaptations.
A note on time limits
Most adults have three years from the date of the negligent treatment — or from the date you first realised the treatment caused harm — to start a claim. Different rules apply for children and for people who lack mental capacity. Seek independent legal advice early; medical records take time to obtain.
Frequently asked questions
What counts as medical negligence?
Medical negligence happens when a healthcare professional's care falls below a reasonable standard and that failure causes you avoidable harm. Typical examples include missed or delayed diagnoses, surgical mistakes, prescription errors, and a failure to obtain proper consent before treatment.
How long do I have to make a claim?
In England and Wales the standard limitation period is three years from the date of the negligent treatment, or from the date you first knew the treatment had caused you harm. Children have until their 21st birthday, and there is no time limit for people who lack mental capacity.
Can I claim against the NHS?
Yes. NHS Resolution handles negligence claims against NHS trusts. You can pursue a claim without any impact on your future NHS care, and a solicitor can explain any concerns about future care.
How much compensation will I receive?
Awards reflect the severity of your injury, the impact on your life, and any financial losses (lost earnings, care costs, future treatment). A qualified solicitor can assess the evidence and explain possible compensation.
Will I have to pay anything if I lose?
Some solicitors offer conditional fee agreements for qualifying claims. Costs, deductions and insurance terms vary; ask an independent solicitor to explain all possible charges before instructing them. This website does not offer representation.
Related information
Informational website · Not a law firm
Questions about this website?
Contact us about our information. We do not provide legal advice, assess claims or represent clients. Consult a qualified solicitor for advice about your circumstances.