Personal injury solicitors for clients throughout England & Wales
England & Wales
If you or someone you care for has been harmed by medical care that fell below the standard reasonably expected, you may have grounds to bring a clinical negligence claim. Injury Law Specialists is a personal injury law firm acting for patients throughout England and Wales, and our solicitors can assess your circumstances and explain whether a claim may be possible.
Clinical negligence is a demanding area of law. It requires both legal and medical evidence, and not every poor outcome is the result of negligence. We approach these cases carefully, and we will tell you honestly if the evidence does not support a claim.
Medical negligence, also called clinical negligence, arises where medical care falls below the standard reasonably expected of a competent professional in that field, and that failing causes harm that would not otherwise have occurred. Both parts must be established: substandard care, and harm caused by it. An adverse outcome on its own is not enough, because some treatments fail despite entirely proper care.
It is worth setting out the test properly, because it explains why these claims are investigated so carefully. The standard is not perfection, and it is not the best possible care. It is the standard of a responsible body of medical professionals practising in that particular field. A doctor who takes a course of action supported by a respectable body of professional opinion is generally not negligent, even if another equally respectable body would have taken a different approach.
That is why an honest assessment at the outset matters so much. If the care was poor but did not cause harm, or if the harm would probably have occurred regardless, there is no claim to bring, however distressing the experience was. We say so plainly rather than taking a case forward on hope.
Understanding these two elements is the single most useful thing anyone can know about this area of law. Both must be answered in the claimant's favour for a claim to succeed.
This asks whether the treatment fell below the standard of a responsible body of medical opinion. It is answered by an independent expert in the relevant specialty, who reviews the records and gives a view. Delayed diagnosis, misdiagnosis, a surgical error, a prescribing mistake or a failure to act on a deteriorating patient are all things an expert may conclude fell below the standard.
This asks whether the substandard care caused injury that would probably not have happened otherwise. It is known as causation and it is often the harder of the two questions. If the same outcome would probably have occurred even with proper care, the claim cannot succeed. This is why medical evidence on the likely course of events is so central.
There is a further point worth knowing. Even where an expert says the care was substandard, the law asks whether a responsible body of professionals would regard that failing as reasonable. A doctor who has departed from accepted practice but who acted in accordance with a recognised body of opinion may not be found negligent. This is a demanding standard, and it is why these claims need proper expert evidence rather than an argument about the outcome alone.
These are the situations that come up most often. Each requires its own expert evidence, and each has its own difficulties on causation.
Where a condition was not identified when it should have been, allowing it to progress. These cases turn on when the signs were present, when a competent clinician would have acted, and what difference earlier treatment would probably have made. Delay cases are sometimes the hardest on causation, because it requires showing the outcome would have been materially different.
Where a condition was identified incorrectly and the wrong treatment followed, or where the correct treatment was given for the wrong reasons. This differs from delay in that the harm flows from acting on the wrong diagnosis rather than from failing to act sooner.
Damage to surrounding structures, wrong site surgery, instruments or swabs left behind, inadequate consent, and complications that were not recognised or managed. These cases usually have detailed operative records and sometimes a clear explanation of what went wrong, which helps considerably on the first part of the test.
The wrong drug, the wrong dose, an interaction that should have been spotted, or a known allergy that was not acted upon. Pharmacy records and the prescribing history form the core of the evidence, and the harm caused can be severe even where the error looks small.
Where a patient's condition deteriorated and the warning signs were not acted upon. These cases turn on what the observations showed, what the escalation policy required, and whether staff followed it. The clinical notes and monitoring charts are central.
Where a baby or mother was harmed during pregnancy, labour or delivery. These are often the most serious clinical negligence cases and require expert evidence from several specialties. Different limitation rules can apply where the injured person is a child.
These claims are investigated before they are brought, and that investigation is what takes the time. A clinical negligence claim usually begins with obtaining the full medical records, which can run to hundreds of pages and may need to be requested from several providers.
An independent expert in the relevant specialty then reviews those records and gives a written opinion on whether the care fell below the standard expected. Where causation is in issue, a second expert may be needed to say what would probably have happened with proper care. Only once both parts of the test are supported does the claim proceed.
Two consequences follow from that. First, clinical negligence claims generally take longer than other injury claims. Second, a case may be investigated and then not pursued, because the expert evidence does not support it. Being told that early is far better than discovering it after years of litigation.
Suitable cases may be accepted under a Conditional Fee Agreement, commonly called a No Win, No Fee agreement. Acceptance depends on an assessment of liability, evidence, prospects of success, proportionality and the funding arrangements available.
Because clinical negligence claims require expert evidence at an early stage, the funding arrangements for the investigation itself are explained carefully before anything begins. If the claim succeeds, a success fee may be payable, and how it is calculated is explained before you decide whether to proceed.
How No Win, No Fee worksThe rules on time limits in clinical negligence have an important feature that does not apply in most other injury claims.
Three years, from treatment or knowledge
For most claims, the period is three years from the date of the negligent treatment or from your date of knowledge, which is when you first knew or ought reasonably to have known that you had suffered significant injury and that it may have been caused by the treatment.
Claims for children
For a child, the three year period does not begin until their eighteenth birthday, which means a claim can usually be brought at any point before they turn twenty one. This gives time for the full effects of an injury to become clear.
People who lack mental capacity
Where an adult lacks mental capacity to conduct proceedings, time does not generally run against them in the same way. A litigation friend, often a family member, can bring the claim on their behalf, and court approval is required for any settlement.
The date of knowledge rule is why clinical negligence claims are sometimes brought many years after the treatment. If you only recently realised that something may have gone wrong, that does not necessarily mean you are out of time, and it is worth asking rather than assuming the worst.
Compensation is usually split between the harm itself and the financial consequences and additional needs that follow. The two are assessed separately.
Pain, suffering and effect on life
The harm itself, how severe it is, how long it lasts and how it affects work, mobility, independence and day to day life.
Loss of earnings
Pay already lost, and future loss where the harm affects what you are able to earn, including where a career cannot be resumed.
Private treatment and rehabilitation
Treatment, surgery, therapy and rehabilitation that would not otherwise be available, where these are needed and evidenced.
Care and assistance
Help with personal care, household tasks and day to day activities that you could manage before but cannot now.
Equipment and home adaptions
Aids, equipment, vehicle adaptions and changes to the home needed because of the harm, where these are properly supported.
Future care and financial loss
Longer term care needs, loss of pension entitlement and other costs likely to arise in future, where they can be evidenced.
Clinical negligence claims are evidence-led from the very beginning. Much of a solicitor's work happens before the claim is even brought.
Assesses the position honestly
Your solicitor considers what happened, what records will be needed and whether the two parts of the test are likely to be supported, and tells you plainly if they are not.
Obtains the medical records
The full records are requested from every relevant provider, organised chronologically and reviewed for the sequence of events and the decisions made.
Instructs independent experts
Experts in the relevant specialty give an opinion on whether the care was substandard and, where needed, a further expert addresses causation.
Quantifies the losses
Earnings, private treatment, care, equipment, adaptions and future needs are calculated and supported with evidence, so nothing recoverable is left out.
Pursues the claim
Correspondence, negotiation and, where needed, court proceedings are handled for you, including obtaining court approval for any settlement involving a child or a protected party.
Keeps you informed
You should know where your claim stands at each significant stage. These claims move slowly, so clear communication matters even more than usual.
If you would like to understand the process in more detail, our page on how our solicitors help sets out each stage from first enquiry to resolution.
No, and this distinction matters more in clinical negligence than anywhere else. Medical treatment does not always succeed, and a poor outcome can occur despite entirely proper care. To succeed in a claim, it is necessary to show that the care fell below the standard reasonably expected of a competent professional in that field, and that this caused harm that would not otherwise have occurred. Both parts must be established.
There are two elements. The first is whether the treatment fell below the standard of a responsible body of medical opinion, which is a question of medical judgment. The second is whether that failing caused injury that would probably not have happened otherwise. The law also requires that the failing would be considered unreasonable by a responsible body of professionals in that field, so a merely different approach is not enough.
Almost always through expert evidence. Independent medical experts in the relevant specialty review the records and give an opinion on whether the care was substandard and whether it caused harm. Legal and medical evidence are both required, and it is common for a case to be investigated and then found not to meet the test, which is why a careful initial assessment matters.
For most medical negligence claims in England and Wales, the limitation period is three years from the date of the negligent treatment or from your date of knowledge, which is when you first knew or ought reasonably to have known that you had suffered significant injury and that it may have been caused by the treatment. Different rules can apply to children and to people who lack mental capacity, so early advice is important.
Yes. Claims for children can usually be brought at any point before the child turns eighteen, with a further three years from that date. Where an adult lacks mental capacity to conduct proceedings, time does not generally run against them in the same way, and a litigation friend can bring the claim on their behalf. These are matters we handle regularly.
This is a common and understandable concern. You remain entitled to NHS treatment and to care from your GP regardless of whether you make a claim against a trust, and no clinician should decline to treat you because of it. Where treatment has already been poor, the claim can sometimes help fund private treatment or rehabilitation that would otherwise not be available.
Compensation usually has two parts. The first covers the injury itself, including pain, suffering and the effect on your daily life. The second covers the financial losses and additional needs caused by the harm, such as lost earnings, private treatment and rehabilitation, care and assistance, equipment and adaptions, and future costs where they can be evidenced.
Most clinical negligence claims settle without a court hearing, though the process is usually slower than a road traffic or workplace claim because of the expert evidence involved. Court proceedings are issued more often than in other injury claims, but even then the majority of cases resolve before a trial.
Injury Law Specialists is a marketing and advertising platform and is not a law firm or a provider of regulated legal services. All personal injury legal advice, legal services, casework, representation, legal support, and any free initial assessment or consultation promoted or arranged through Injury Law Specialists are provided by MB Solicitors, a trading name of MB Legal Solicitors Ltd.
MB Legal Solicitors Ltd is a company registered in England and Wales under Company Number 12281731. The firm is authorised and regulated by the Solicitors Regulation Authority (SRA) under SRA ID 8000764 and is a member of The Law Society. Injury Law Specialists does not itself provide legal advice or carry out reserved legal activities. Any solicitor-client relationship arising from an enquiry will be directly between the client and MB Legal Solicitors Ltd.
Read our Regulatory InformationTell us what happened and a member of our team can review your circumstances and explain honestly whether the evidence is likely to support a claim. The assessment is free and there is no obligation to proceed.
