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What is medical negligence?

Medical negligence – also known as clinical negligence or medical malpractice – refers to substandard medical care which has directly led to an injury or worsened an existing condition.

If you or a loved one has suffered due to the mistakes of a medical professional, claiming for medical negligence could help you access the compensation and support you deserve.   

Whether the treatment you received took place within the NHS or privately, we could help you take legal action. Give our friendly team a call today for a free initial chat. We’ll ask a few straightforward questions about your situation and let you know if you have a strong case.

Who will my medical negligence claim be made against?

If you’re considering making a medical negligence claim, you might be feeling unsure about who the case will be brought against.

This will largely depend on where you received your treatment, as well as whether it was provided by the NHS or a private health organisation.

Part of your solicitor’s role is to identify who is responsible for the negligence you suffered. So you don’t need to worry if you’re not completely sure.

Your solicitor will reach out to the NHS trust, hospital or insurer (in the case of private healthcare) on your behalf with the details of your claim.

If your claim is brought against an NHS trust, the money will not be taken directly from NHS services. Instead, it will be paid through NHS Resolution, which has funds allocated for exactly this reason. So your claim won’t be affecting anyone who works within the hospital or the care they provide.

How to claim for medical negligence

Making a claim can seem daunting, and you might be wondering how to prove medical negligence took place. We’ve broken the process down into stages:

1. Gathering information
   When you first realise you’ve been a victim of medical negligence, you should try to keep a record of how you’ve been affected. Make sure to include the dates, times and names of anyone involved. If there are any supporting or relevant documents, like letters or transcripts, collect them and keep them together.
2. Contacting a solicitor
   Medical negligence claims can be quite complex. So contacting a specialist solicitor early will help you to work out where you stand. They’ll review the information you’ve gathered and work to secure the best possible outcome for you, keeping you updated at every stage.
3. Building the case
   After your initial consultation, your solicitor will start to build your case. This will usually be with the help of an independent medical expert who will determine whether the care you received was substandard. They’ll also be able to provide an outline of how your injury could affect you in the future.
4. Sending a Letter of Claim
   Your solicitor will contact the organisation responsible for the negligence you suffered (the Defendant). They will set out what happened, why the Defendant is believed to be at fault and how much you should be paid in compensation.
5. Reaching a settlement
   If the Defendant accepts responsibility for your injuries, your solicitor will negotiate a final settlement. But if responsibility is denied, your solicitor will review the evidence available and continue negotiating. If communications break down, your case may go to court – but this is very unlikely.

It’s important to remember that each case of medical negligence is unique. So these stages should be taken as a guideline. Your solicitor will be able to give you a more detailed idea of what the claims process will involve after speaking to you.

Why should I make a medical negligence claim?

It can be extremely upsetting when a medical professional lets you down. You’ll likely have put a significant amount of trust in them to treat your original condition. And when this doesn’t happen, it can have a long-lasting psychological impact.

In addition to this, you may now be dealing with physical injuries that limit the way you’re able to carry out day-to-day tasks. Many people will need to take time off work to recover after suffering medical negligence, which can add a layer of financial stress.

Making a medical negligence claim won’t undo what happened to you. But it could help to relieve some of the money worries you may have.

If the individual or organisation at fault for your injuries or illness admits responsibility, your solicitor could even apply for interim payments. These will be paid out before your case is settled, so you can address any immediate costs such as home adaptations or household bills.

Taking legal action could also help to make sure that no one else suffers the same negligence that you did. For many people, this brings a sense of reassurance and closure. To find out more about whether you could have a claim, speak to our knowledgeable advisors.

How will I fund my medical negligence claim?

For many people, working out how to fund a medical negligence compensation claim is one of the biggest obstacles to getting compensation.

You may be worried that you will not be able to afford to pay for your solicitor’s services upfront, which could put you off the idea of getting justice for the harm you suffered.

But in most cases, you won’t need to worry. Solicitors in England and Wales now typically offer a No Win No Fee arrangement – otherwise known as a conditional fee agreement – for clinical negligence compensation claims. This means that there will be nothing to pay upfront and no costs to cover if your claim is unsuccessful.

Making a No Win No Fee medical negligence claim will allow you to focus on your recovery, rather than worrying about the financial effects of taking legal action. To find out more, get in touch with our understanding claims advisors.

How will I fund my medical negligence claim?

For many people, the potential cost of medical negligence claims is one of the biggest obstacles to pursuing compensation.

You may be worried that you won’t be able to pay for your solicitor’s services upfront. But you shouldn’t let this deter you from getting justice for the harm you suffered.

Solicitors in England and Wales now typically offer a No Win No Fee arrangement – otherwise known as a conditional fee agreement – for medical negligence claims. This means there will be nothing to pay upfront and no costs to cover if your claim is unsuccessful.

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

Medical negligence claims typically need to be made within three years. This could be three years from the date the negligence took place, or from when you first became aware of it (usually through another medical professional’s diagnosis).

There are some exceptions to the time limits, though. For example, if you’re making a claim on behalf of a child or someone who is lacking mental capacity, you will not face the same time restraints. We’ve explained this in more detail in our medical negligence time limits guide.

Whatever your situation is, we would always suggest speaking to a legal professional as early as you can. This will make it easier for your solicitor to access key evidence such as medical records and witness statements. And it may also be easier for you to recall the details of what happened.

How much compensation will I receive?

Each experience of medical negligence is different. This means that any compensation you’re awarded will depend on your specific situation and the extent of your injuries.

But if your claim is successful, your settlement amount will be split into two categories: general damages and special damages.

General damages are designed to compensate you for the pain and suffering you’ve endured because of a medical professional’s negligence. They will consider both the physical and psychological impact that the negligence has had on your life.

Special damages cover any financial losses you’ve suffered as a result of medical negligence. This will include any loss of earnings if you’ve been unable to work, as well as any money you’ve had to spend during your recovery – for example, paying for further treatment or care.

Your compensation settlement should help you to get as close as possible to the position you were in before the medical negligence occurred. For a general idea of how much you could be entitled to, try our free compensation calculator.