Medical Negligence

What Is Medical Negligence?

Medical negligence — also known as clinical negligence — occurs when a healthcare professional provides substandard care that causes harm to a patient. This can include surgical errors, misdiagnosis or delayed diagnosis, medication errors, anaesthesia mistakes, dental negligence, and failures in care homes. Under UK law, if a medical professional breached their duty of care and this directly caused you avoidable harm, you may be entitled to compensation for pain and suffering, loss of earnings, care costs, rehabilitation, and future financial losses.

What Type of Specialist Can Help?

Medical negligence claims are handled by specialist clinical negligence solicitors who have deep expertise in both the law and medical practice. These are complex cases requiring independent medical expert evidence, detailed review of medical records, and careful assessment of causation. Specialist solicitors work with barristers, medical experts, and care specialists to build comprehensive cases. Many offer initial free assessments and no-win-no-fee arrangements.

What Information Do You Need?

You will need details of the medical provider or institution involved, when the treatment or incident occurred, what went wrong, how it has affected you, and any medical records or correspondence you have. Our enquiry form will guide you through the key information to provide.

Common Causes of Medical Negligence

Medical negligence occurs through: surgical errors (wrong site surgery, retained instruments), misdiagnosis or delayed diagnosis (particularly cancer, heart conditions, infections), medication errors (wrong drug, wrong dose, failure to check allergies), anaesthesia errors, birth injuries, dental negligence, failures in care homes, and failure to obtain informed consent.

Am I Eligible to Make a Claim?

You may be eligible if: you were owed a duty of care by a healthcare professional, the care fell below the standard expected of a reasonably competent professional, this breach directly caused you harm, and the harm is significant enough to justify legal action. You generally need to act within three years.

Evidence You Will Need

Details of the healthcare provider and institution, dates of treatment, a clear description of what went wrong and how it has affected you, copies of your medical records (your specialist can help obtain these), and details of any complaint made to the NHS or private provider.

Time Limits to Be Aware Of

Generally three years from the date of the negligent act, or three years from becoming aware that the harm was caused by negligence. For children, the three-year limit starts on their 18th birthday. For claimants who lack mental capacity, there may be no time limit.

The Typical Medical Negligence Process

(1) Specialist takes a detailed statement and reviews medical records. (2) Independent medical expert provides an opinion on whether care was substandard and caused harm. (3) If supported, letter of claim is sent to the healthcare provider. (4) Provider investigates and responds (typically within four months). (5) If liability admitted, negotiations focus on value. (6) Court proceedings if liability disputed — most meritorious cases settle before trial.

What Outcomes Can You Expect?

Compensation for pain and suffering, additional treatment and rehabilitation costs, loss of earnings, care and assistance needs, home or vehicle adaptations, and future financial losses if you have ongoing disabilities.

Frequently Asked Questions About Medical Negligence

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