Medical Negligence Claims - Get Help Claiming Compensation
No-win, No-fee claims
If you have suffered avoidable harm due a medical professional not providing the correct standard of care, our dedicated team of No Win No Fee medical negligence solicitors can help you make a medical negligence claim
Excellent Reviews On
Medical Negligence Claims - Get Help Claiming Compensation
100% No Win No Fee
Find out when medical negligence claims can be made and how they help claimants with recovery.
Excellent Reviews On
As featured in:
We place a lot of trust in medical professionals, so it can be extremely disheartening when substandard care causes otherwise avoidable harm. As you navigate its impact, you may be unsure about your options and who can help you. That is why we’ve created this guide to medical negligence claims and the steps involved in seeking compensation.
You will first learn the definition of medical negligence and when you can claim for it. Our guide will then move on to the topic of medical negligence compensation, examining how it might be calculated and what financial losses you may be able to claim for.
Toward the end of this guide, we outline how much time you have to start a medical negligence claim and the different types of evidence you can provide. You will also find out about the services our solicitors provide and how you could potentially access them through a No Win No Fee contract.
You can get in touch with our advisors at any stage to determine whether you can make a claim for compensation. There is no requirement to follow up with us afterwards. However, if you would like to work with one of our No Win No Fee solicitors, they may be able to connect you today:
- Call us on 0333 091 8598
- Submit an online enquiry
- Speak with us using the live chat in the corner
What Is Medical Negligence?
Medical negligence can happen if substandard care leads someone to experience otherwise avoidable suffering. Individual professionals (such as doctors) and medical settings like hospitals may be responsible if a patient is avoidably harmed because they weren’t given the correct standard of care.
You can read some examples below showing several scenarios that might lead to a medical negligence claim:
- You have surgery to remove your kidney. The surgeon leaves a foreign object inside your body, which causes you to suffer from an infection and require further surgery.
- You visit your GP after finding a lump in your breast. They disregard your symptoms and do not arrange for any tests or further checkups, allowing your breast cancer to go undiagnosed and spread.
- A doctor gives you a medication that you have a known allergy to. There is a note on your medical file to confirm this, but the doctor failed to check. The medication causes you to have a seizure and severe nausea.
- A medical practitioner mixes up your scan with that of another patient. They tell you that you require surgery to remove cancerous cells in your lungs. The surgery and recovery cause you severe pain, both physically and psychologically. You later learn that the surgery was not necessary and there was no sign of cancer in your lungs.
If you’re not certain whether you have experienced unnecessary suffering because of medical negligence, get in touch with our advisory team. You can share your experience in complete confidence and get a free case assessment.
Why use us?
Free Consultation
We offer a free consultation to anyone looking to make a claim
No win, no fee
Claim experts
We use solicitors who have handled thousands of claims
Can I Make A Medical Negligence Claim?
If the definition in our previous section aligns with your case, you may be eligible to make a medical negligence claim. You will need to demonstrate that:
- You were owed a duty of care
- There was some failure to meet that duty
- You suffered unnecessary harm as a result
As we discussed earlier, medical professionals and facilities must provide patients with the correct standard of care. That is the duty of care they owe to you as their patient. How these standards are met may vary by field, but the duty of care owed to patients remains the same. For instance, the General Medical Council (GMC) sets professional standards for doctors and other professionals for a variety of situations.
In terms of the harm that you have experienced, it must have been unnecessary. Sometimes, it isn’t possible for harm to be avoided. For instance, you may need your leg amputated in order to stop an infection from spreading to the rest of your body.
If you are unsure whether you meet the eligibility criteria in place for medical negligence claims, please get in touch. Our advisory team can offer a free initial consultation to see if you may be able to seek compensation.
Can Medical Negligence Claims Be Made Against The NHS?
Medical negligence claims can be made against the NHS. According to NHS Resolution, there were 13,382 such claims made between 2023 and 2024. NHS Resolution is the body responsible for handling such cases on behalf of trusts.
Sometimes, people are concerned that a claim might affect health services. However, NHS Resolution has its own funding for paying out compensation, ensuring the budget for health services isn’t impacted by a successful claim.
If you have any questions, our advisors can help. They offer advice free of charge and without any obligation on your part to follow up after enquiring.
Am I Able To Claim For Private Healthcare Medical Negligence?
Similarly, you can make a claim for private healthcare medical negligence. You are owed the same duty of care, regardless of whether you are a public or private patient. Typically, your claim will be made against the hospital or other private medical facility responsible. If your claim is successful, you’ll usually be compensated by the facility’s insurance provider.
We understand that there is a lot of information to take in when it comes to medical negligence. That is why our advice services are available 24/7, so you can always get help when you need it.
The Average Payouts For Medical Negligence Claims
Compensation for medical negligence claims is determined on a case-by-case basis, meaning any ‘average payout’ might not be relevant to your situation. Your experience of medical negligence is unique and there are various factors that must be considered, as we will outline in this section.
All successful compensation claims include general damages. These cover the suffering and pain caused by your harm, as well as the impact on your day-to-day life. Additionally, some claimants are eligible to receive special damages for related financial losses. We detail these damages in the next section.
Your solicitor may assess your general damages using information from the Judicial College Guidelines (JCG). This document pairs suggested compensation brackets with many forms of harm and their severities.
Our compensation calculator uses the JCG to give you immediate access to its guideline brackets. Just click the drop-down button and select one of the options from the menu. Since these brackets are only suggestive, it’s important to keep in mind that this helpful tool isn’t a guarantee of medical negligence compensation.
There are many variables to consider when calculating compensation. That is why we recommend you contact us to get personalised advice and a free case assessment. Our advisors are here throughout the week and can answer any questions you have about compensation.
Compensation Bracket: 0.00
What Can Medical Negligence Compensation Help Me With?
Medical negligence compensation can also help you recover financial losses. As touched on above, this part of a claim is referred to as special damages and covers the losses caused by the harm you experienced. Please keep reading to find out what costs you may be eligible to claim for.
Interim Payments
An interim payment is essentially an advance on your compensation, paid out before a case has been totally settled. Sometimes, claimants find themselves in a difficult financial situation while still pursuing compensation. For instance, there may be private treatments that need to be funded or mortgage payments that have to be paid.
You may be eligible for interim payments under the following circumstances:
- A judgment has concluded that the defendant owes compensation
- The defending party has accepted that they are liable for the harm you experienced
- It is likely that you will win compensation
If you are eligible, one of our solicitors can explain whether you could receive an interim payment and help you make an application.
Loss Of Earnings
You may suffer a loss of earnings if you take time off or cannot return to work. In some instances, there may be an impact on your future earnings, pension contributions, and other sources of income. Legal professionals may examine your paylips and other evidence when assessing a loss of earnings.
Cost Of Care
If you get help with daily tasks, you may be able to claim for the cost of care you receive. For example, you might need assistance when getting out of bed or with cooking meals.
You may be able to claim for both professional care and support from loved ones. Either way, you might be eligible to recover these costs if you have proof like invoices or bank statements showing care-related expenses.
Cost Of Further Treatment
Special damages can also extend to the cost of private medical treatment and prescriptions. You could prove these expenses with receipts, statements, and invoices.
Cost Of Rehabilitation
In addition to medical treatment, you may also need rehabilitative care. For example, if you were incorrectly diagnosed with a terminal illness, that may have caused severe anxiety or depression. If you sought therapy or counselling, you can claim for the cost of supporting your mental health.
There are many other types of rehabilitative care that may be covered, such as physiotherapy and occupational therapy. As with other expenses, you’ll need proof to claim for the costs.
Cost Of Home Adaptations
In some cases, it may be necessary to make home adaptations to improve accessibility. These modifications might be required if the harm you endured impacted your mobility or resulted in you needing a wheelchair.
Examples include:
- Stairlifts
- Handrails
- Lowered countertops
- Ramps
- Shower rails
Cost Of Car Adaptations
Your car may also have to be adapted in order to keep using it. For instance, you might need swivel chairs to help you get in and out of the vehicle, or hoists for a wheelchair.
Travel Expenses
Finally, you may have travel expenses from going back and forth to medical appointments. These costs can quickly add up, especially if you have had to attend a specialist treatment facility or live far away from a hospital.
In order to claim compensation for travel expenses, you might need copies of receipts, tickets, and bank statements.
Should you have any questions about what comes under special damages, feel free to reach out to our team of experienced advisors. You can discuss the details of your case and find out more about proving financial losses.
Is There A Time Limit For Claiming Medical Negligence?
There is a time limit for claiming medical negligence. The Limitation Act 1980 sets this limit for starting a claim at 3 years, typically dated to when the negligence occurred. However, it may also begin from the date that you became aware you suffered unnecessarily because of substandard care.
Additionally, the time limit is paused in cases where someone is under the age of 18 or mentally incapacitated. That is because both groups are unable to make a claim independent of others.
Time limits will only apply in such circumstances if:
- A child turns 18. That gives them 3 years to begin their claim, up to their 21st birthday
- An individual recovers their mental capacity. If that happens, then the 3 years will run down from when the capacity returned
These groups also have the option of having a loved one or other eligible adult claim on their behalf while time limits are paused. We explain the details of this in a later section.
Contact an advisor today to see if you have enough time to start your medical negligence claim. They will discuss the specifics of your case and tailor their advice accordingly.
Will It Be Difficult Proving My Medical Negligence Claim?
Whether your medical negligence claim will be difficult to prove may depend on what supporting evidence you have. Evidence is essential to prove that you suffered avoidable harm because of substandard care. There are many ways you can build a strong claim, such as:
- Your medical notes and records: They may show that something was misread, misunderstood, or misdiagnosed
- Any relevant correspondence you have: For instance, if you made a complaint, there may be back-and-forth communications while it is investigated. You can use these responses and the findings of any investigation as evidence
- Eyewitness contact details: For anyone who might have witnessed the substandard care or seen the effects afterwards. Make sure these details are up-to-date, as your solicitor will need the information to collect statements for your case
- A diary: It can outline your experiences, symptoms, and aftercare. You may also want to detail how your day-to-day life has been impacted
- Photographic record: Pictures of any visible harm you have suffered
Additionally, some medical negligence claims require a Bolam test. This is where medical professionals with relevant training evaluate whether they believe negligence occurred.
One of our solicitors could help you to gather the appropriate evidence, as we will outline in the next section. You can also speak with our advisory team for further details regarding what evidence you can supply.
How Could A Medical Negligence Solicitor Help Me?
A medical negligence solicitor can use their experience and knowledge to guide you through the process of claiming compensation. Our solicitors can offer the following legal services to help you succeed:
- Organising an independent medical assessment for your case
- Helping you to apply for an interim payment (we discussed this earlier in the guide)
- Communicating with the defending party on your behalf and ensuring that all the information shared is correct
- Arranging access to specialists like occupational therapists and psychologists
These and many more services have been offered to clients across the country. If you’d like to find out more about our solicitors, please speak to our advisors. They can explain the benefits of working with one of them and show just why they’ve secured over £80 million in compensation for their clients.
Can I Make A No Win No Fee Claim For Medical Negligence?
If your case is valid, you may be able to make a No Win No Fee claim with one of our experienced solicitors. They offer their services through a Conditional Fee Agreement (CFA), which means you will not need to pay any solicitor fees for their work:
- Before the medical negligence claim begins
- While the case is proceeding
- In the event that you do not receive compensation
However, should you receive compensation, you will be required to pay a success fee for the solicitor’s work. This is taken as a percentage of the compensation you receive. Since that cap is legally limited, you will take home the largest share of the compensation.
Contact No Win No Fee Solicitors Co
If you’re ready to get started, please don’t hesitate to contact us. Our advisors can assess the validity of your medical negligence claim and determine whether they can connect you to one of our solicitors. With our No Win No Fee contracts, decades of combined experience and client-focused approach, there’s nothing to lose from getting in touch:
- Call us on 0333 091 8598
- Submit an online enquiry
- Speak with us using the live chat in the corner
Frequently Asked Questions
Below, you can find answers to some frequently asked questions about medical negligence claims.
Do I Need To Have Logged A Complaint To Be Eligible To Claim?
You do not need to have logged a complaint to be eligible to claim. However, the findings of any complaint may lend support to your case for compensation.
Can I Claim On Behalf Of A Loved One?
As mentioned earlier, you can claim on behalf of a loved one who is under 18 or mentally incapacitated since neither group can pursue compensation by themselves. In order to claim for them, you would need to become a litigation friend. This role requires you to act in the best interests of your loved one and represent their wishes as far as you are able to.
Can I Make A Medical Negligence Claim For Wrongful Death?
You may be able to make a medical negligence claim for wrongful death. However, under the Law Reform (Miscellaneous Provisions) Act 1934, only the estate can make a claim within the first 6 months of a person’s death. Once this time period has passed, the Fatal Accidents Act 1976 allows qualifying dependants to claim if the estate has not already done so on their behalf.
Will I Still Be Entitled To Treatment And Care If I Claim?
Starting a medical negligence claim does not affect your entitlement to treatment and care. You should continue to seek any medical intervention that you need while pursuing compensation.
Will I Need To Attend A Medical Examination?
Sometimes, an independent medical assessment is required in order to prove the unnecessary harm that you have suffered. This report will give legal professionals a better idea of how you have been impacted and how this could affect your life in future.
Will I Be Expected To Attend Court For My Claim?
In the majority of cases, you won’t be expected to attend court for your claim. Most medical negligence claims are settled outside of court, but there are certain instances where that doesn’t happen.
For example, a claim may have to go to court if the defending party refuses to accept liability for the harm or both parties cannot agree on compensation.
How Long Will It Take Until My Claim Is Settled?
Each case of clinical negligence is different, meaning there is no definitive timeframe for how long it might take for your claim to be settled. The time scale may be impacted by various factors, such as the amount of evidence supplied and whether you are still receiving treatment. Our solicitors have a deep understanding of medical negligence claims and work hard to make the process as efficient as possible.
Do I Need To Claim With A Local Medical Negligence Solicitor?
No, you do not need to claim with a local medical negligence solicitor. Our expert solicitors can represent you no matter where you are based in the country.
More Information
Visit our guides on other types of claims:
- Find out how to start a back injury claim
- Learn about fatal accident claims
- Read about road traffic accident claims
External resources:
- National Institute for Health and Care Excellence (NICE) guidelines for health
- Find out whether you can claim Statutory Sick Pay (SSP)
- Raise concerns about a medical professional through the General Medical Council (GMC)
Thank you for reading our guide on medical negligence claims.
