England & Wales
Solicitors for Medical Negligence Claims
Standards of medical care in this country are generally high, and the great majority of treatment is provided properly. But where care has fallen below the standard reasonably expected, and that has caused harm that should not have happened, there is a right to claim compensation. Our solicitors can review the position and explain it to you plainly.
It is important to say at the outset that an outcome that is disappointing, or a treatment that did not work, is not the same thing as negligence. Treatment can fail without anyone being at fault. What makes a claim is a departure from the standard of care reasonably expected, and harm caused by that departure.
What is medical negligence?
Medical negligence, also called clinical negligence, is where the care a patient received fell below the standard reasonably expected of a competent professional in that field, and that failing caused harm which would not otherwise have occurred. Both parts have to be established. A disappointing outcome, or treatment that did not work, is not by itself evidence of negligence, because medical treatment carries risk and not every illness can be successfully treated.
In practice, these claims turn on two separate questions, and each needs its own expert evidence. The first is whether the care fell below the standard reasonably expected at the time. This is judged against what a responsible body of medical opinion would consider proper, not against hindsight about how things turned out. The second is whether that failing caused harm, which is often expressed as whether the outcome would probably have been different with proper care.
The second question is sometimes the harder one. Where a patient was already seriously unwell, the effect of the negligence has to be separated from the effect of the underlying condition, and that requires careful medical analysis. It also means the compensation reflects only the additional harm caused by the negligence, not the illness or injury the patient already had.
Key takeaways
- Injury Law Specialists provides access to solicitors and lawyers experienced in medical negligence claims across England and Wales.
- Medical negligence requires both a departure from the standard of care reasonably expected and harm caused by that departure.
- An adverse outcome or an operation that did not go to plan is not, by itself, evidence of negligence.
- Most clinical negligence claims are subject to a three year limit, which can run from the date of knowledge rather than the treatment.
- Legal services are provided by MB Solicitors, trading name of MB Legal Solicitors Ltd, regulated by the SRA under SRA ID 8000764.
The kinds of clinical negligence we see
These are the areas where claims most often arise. Each raises its own questions about the standard of care and the harm that followed.
Delayed diagnosis
Where a condition was treatable but was identified too late, allowing it to progress. The question is usually whether an earlier diagnosis was reasonably possible, and whether earlier treatment would have made a difference to the outcome.
How these claims workMisdiagnosis
Where the wrong condition was diagnosed and the patient received inappropriate treatment while the correct condition went untreated. This differs from a delay, and the expert evidence has to address both the error and its consequences.
How these claims workSurgical negligence
Errors during an operation, damage to surrounding structures, retained instruments, wrong site surgery, and inadequate follow up after a procedure. Surgical claims need expert evidence from a surgeon in the same specialty.
How these claims workMedication errors
The wrong drug or dose, a contraindicated prescription, a failure to monitor a drug's effects, or an error in dispensing or administration. These cases often require evidence from a pharmacist or physician as well as from the treating specialty.
How these claims workBirth injuries
Where a baby suffered injury during pregnancy, labour or delivery, or where a mother was harmed. These are among the most serious clinical negligence claims, and they need evidence from obstetric, midwifery and often neurological experts.
Serious injury claimsNegligent aftercare
Failures in monitoring, in recognising deterioration, in following up test results, or in providing adequate post operative care. These claims often involve records and observations, and the timing of clinical decisions is central.
How these claims workWhat has to be proved in a clinical negligence claim
There are two elements, and both must be satisfied. The first is a breach of duty: that the care provided fell below the standard reasonably expected of a competent professional exercising the relevant skill. Medical professionals are not judged on the perfect outcome, and they are entitled to exercise clinical judgement. What matters is whether the care departed from what a responsible body of professional opinion would regard as proper.
The second is causation: that the breach caused harm which would not otherwise have occurred. This is not a general question of whether things went badly, but a specific one about what difference proper care would have made. In many cases it is framed as whether the outcome would probably have been better on the balance of probabilities, which means more likely than not.
Where a patient was already unwell before the negligence, the claim is limited to the additional harm caused. That distinction runs through the whole case, from the medical evidence to the valuation of the claim, and it is one of the reasons these cases need such careful preparation.
Evidence we obtain
- Full medical records, hospital and GP
- Records of any previous relevant treatment
- Independent expert evidence on the standard of care
- Independent expert evidence on causation
- Evidence on the effect of the harm on your life
- Evidence of financial losses and care needs
- Coroner or inquest material where relevant
Because expert evidence is needed at an early stage, an initial review of a clinical negligence case takes longer than a straightforward accident claim. We obtain the records first, then advise on whether there is a case worth investigating, and only then instruct experts. Nothing on this page is medical advice, and any medical questions should be directed to your treating team.
How a clinical negligence claim proceeds
These cases begin differently from an accident claim, because the first task is to find out what actually happened. We obtain the medical records, which for a hospital admission can run to hundreds of pages, and review them carefully before advising whether there appears to be a case worth investigating further.
Where there is, independent experts are instructed. One addresses whether the care fell below the standard reasonably expected, and another addresses whether that failing caused harm. It is not unusual for the experts to take several months to report, given their clinical commitments, and the case cannot sensibly be valued until they have.
Once the evidence is in place, a letter of claim is sent setting out the allegations and the harm caused. The defendant investigates and responds, and the claim then moves into negotiation. If liability or causation is disputed, and the experts support the claim, proceedings can be issued and the case decided by the court.
What our solicitors do for you
- Review the circumstances and explain the position frankly
- Obtain and analyse your full medical records
- Advise on the limitation position, including date of knowledge
- Instruct independent experts on the standard of care and causation
- Investigate the effect of the harm on your life and finances
- Deal with NHS Resolution or the private practitioner's insurer
- Advise on any settlement offer and on the evidence supporting it
- Issue court proceedings where liability or causation is disputed
What a clinical negligence claim can cover
Compensation reflects the additional harm caused by the negligence. Where you were already unwell, the underlying condition is not part of the claim, only the harm the negligence added to it.
Pain, suffering and loss of amenity
General damages for the additional injury, the pain it caused and the effect it has had on your day to day life, including anything you can no longer do.
Loss of earnings
Pay lost while you were unable to work, and where the harm affects your ability to work in future, the difference between what you would have earned and what you can now earn.
Further treatment and rehabilitation
The cost of treatment, therapy, surgery and rehabilitation that you need because of the negligence, whether already received or likely to be needed in future.
Care and assistance
Help with personal care, household tasks and childcare while you recover, and in serious cases the care you will need in future, whether paid for or provided by family.
Future losses
Where the harm has lasting effects, compensation can include future treatment, ongoing care, equipment, and the longer term effect on your earning capacity.
Other expenses
Travel to appointments, additional household costs, aids and equipment, and other expenses arising from the harm that can be supported by evidence.
We do not publish figures for particular injuries or conditions, because compensation is not decided by the diagnosis alone. Two people with the same condition can receive very different awards depending on the severity of the harm, the medical prognosis and the financial losses each has suffered. Any reliable figure has to come from the expert evidence in your own case.
How personal injury compensation is assessedMedical negligence: frequently asked questions
What is medical negligence?
Medical negligence, also called clinical negligence, is where the care a patient received fell below the standard reasonably expected of a competent professional in that field, and that failing caused harm that would not otherwise have occurred. It is not the same as an unfortunate outcome. Treatment can go badly without anyone being at fault, and an adverse result alone does not establish a claim.
How do I know if I have a medical negligence claim?
The question has two parts. First, whether the care fell below the standard reasonably expected. Second, whether that failing caused harm you would not otherwise have suffered. Both have to be established, usually with independent expert evidence from a clinician in the same specialty. This is why an initial review focuses on obtaining the medical records and understanding exactly what happened, rather than assuming either way.
An adverse outcome does not automatically mean negligence, so what does?
Negligence requires a departure from the standard of care that a reasonable body of medical opinion would regard as proper. It might be a delayed diagnosis, a failure to investigate a symptom, a surgical error, a medication mistake, or inadequate aftercare. The test is not whether things could have gone better in hindsight, but whether the care fell below the standard reasonably expected at the time.
How long do I have to bring a medical negligence claim?
For most clinical negligence claims in England and Wales, the limitation period is three years from the date of the negligent treatment, or three years from the date you knew or ought reasonably to have known that you had suffered a significant injury and that it was capable of being attributed to the treatment. For children, time does not start running until their eighteenth birthday. Where a patient lacks mental capacity, the time limit does not run in the ordinary way.
What is the difference between a three year rule and a date of knowledge?
The date of knowledge can extend the time available considerably. If harm only became apparent years after the treatment, or was only linked to the treatment later, the three years may run from that point rather than from the treatment itself. This is a technical area, and it means a claim that appears to be out of time on a first look is sometimes not. It is always worth asking.
What evidence is needed for a clinical negligence claim?
The medical records are the starting point, and we obtain them with your authority. Beyond that, independent expert evidence is needed on two separate questions: whether the care fell below the standard reasonably expected, and whether that failing caused the harm. Depending on the case, that may involve more than one specialty, and evidence may also be needed on the effect of the injury on the rest of your life.
Can I claim if the treatment was on the NHS?
Yes. Claims can be brought against NHS trusts as well as against private practitioners, hospitals and clinics. NHS claims are dealt with through the NHS Resolution scheme, but the legal principles are the same: the care must have fallen below the standard reasonably expected, and that must have caused harm. The fact that treatment was provided by the NHS does not prevent a claim.
What can a clinical negligence claim cover?
Compensation can include the pain and suffering caused by the additional injury, the cost of further treatment and rehabilitation, care and assistance, lost earnings, and the additional expenses arising from the harm. Where a patient was already unwell, only the harm caused by the negligence can be claimed, and separating the two is one of the more demanding aspects of these cases.
The answers above explain the position generally. Nothing on this page is medical advice, and any medical questions should be directed to your treating team. Every claim turns on its own facts.
Who provides the legal services
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.
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Concerned about the care you or a family member received?
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