Injury claims
Clinical Negligence
Most medical care is delivered to a high standard. When it is not, and avoidable harm results, you may be entitled to answers and compensation.
Understanding clinical negligence
Clinical negligence, sometimes called medical negligence, is where a healthcare professional provides care that falls below the standard expected of a reasonably competent practitioner in their field, and this causes injury or makes an existing condition worse.
Two things normally need to be established. The first is breach of duty: that the care provided was below an acceptable standard. The second is causation: that the substandard care caused harm that would otherwise have been avoided. Causation is often the most difficult part of a clinical negligence claim.
These claims rely heavily on independent expert medical evidence. They are often more complex than other injury claims and can take longer to resolve.
Common situations
- A delayed or missed diagnosis, for example of cancer, infection or a fracture
- Surgical errors or avoidable complications
- Medication or prescription errors
- Injuries during pregnancy or childbirth
- Failure to obtain properly informed consent to treatment
- Substandard care in a hospital, GP surgery, dental practice or care setting
Your options and next steps
Many people start by making a complaint to the healthcare provider. A complaint can provide an explanation and an apology, and the response can be useful when considering a claim. Making a complaint does not stop you from also bringing a claim.
A clinical negligence claim usually begins by obtaining your medical records and asking an independent expert to review the care you received. There is a specific pre-action protocol for clinical disputes which sets out how information should be exchanged before proceedings are issued.
Claims against NHS trusts in England are usually handled by NHS Resolution. Claims involving private providers are normally dealt with by their insurers.
Documents and evidence that may help
You do not need to have everything before you contact us, but the following can help us understand your situation more quickly:
- A timeline of your treatment, including dates of appointments and procedures
- Names of the hospitals, clinics or practitioners involved
- Copies of any complaint and the response you received
- Any letters, discharge summaries or test results you already have
- Notes of what you were told about risks before treatment
- Details of how the injury has affected your health, work and family life
How we assess your enquiry
- Tell us what happened. Use the enquiry form, call or email with a short summary.
- We review the details. We may ask a few questions or request key documents.
- We explain your options. Including whether your matter is one we can help with.
- You decide. Nothing goes further until you have agreed the scope of any work and any fees, confirmed in writing.
Frequently asked questions
How long do I have to bring a claim?
Usually three years from the date of the negligent treatment, or from the date you first knew that harm may have been caused by it. Special rules apply to children and to people who lack mental capacity.
Do I need my medical records?
Yes, records are central to any clinical negligence claim. You have a right to request copies of your health records under data protection law.
Should I complain first?
A complaint is often worthwhile and can provide answers, but it is not compulsory before making a claim. Keep an eye on time limits, as a complaint does not pause them.
Will a claim affect my ongoing treatment?
You should continue to receive appropriate care. If you are worried about this, let us know when you get in touch.
Please note: this page gives general information based on the law of England and Wales. Different rules can apply in Scotland and Northern Ireland. It is not legal advice and should not be relied on for your particular situation. Every matter depends on its own facts, and no outcome or level of compensation can be guaranteed.
Free initial consultation
Tell us briefly what has happened and we will explain your possible next steps.
Request your records
You have a legal right to request copies of your medical records. Doing this early can help clarify what happened.
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Talk to us about your situation
A free initial consultation gives you the chance to explain what has happened and understand your options, with no obligation to go further.
