This site is independent of the NHS 

This site is independent of the NHS and the Department of Health – We Cover England And Wales Only.

Suing for
Medical Malpractice

If a healthcare professional has caused you avoidable harm through unsafe, delayed, or incompetent treatment, you may be eligible for compensation. Our specialist solicitors will explain your options and support you at every stageno win, no fee.

Owned and operated by

Contact us for a free, no-obligation chat.

Call us on 0333 987 4161 or submit a form below.

Understanding Medical Malpractice & Negligence Claims

Medical malpractice arises when a clinician acts in a way no responsible professional would. Put simply, you may be eligible for compensation if your condition worsened because correct treatment was withheld, carried out incorrectly, or never explained. Situations that commonly prompt investigation include:

  • Delays in recognising signs of a deteriorating condition
  • Errors in medication choices or monitoring
  • Surgical mistakes that cause unnecessary injury
  • Failures to escalate, refer, or seek specialist input

When malpractice affects your health, income, or independence, compensation can help cover corrective treatment, ongoing support, and the emotional toll of what happened. Contact us today to check your eligibility. 

Am I Eligible to Make a Claim?

To bring a successful claim, four key elements must usually be proven:

1

Duty of care

The healthcare provider had a legal responsibility to care for you.

2

Breach of duty

The care fell below acceptable medical standards.

3

Causation

The harm you suffered was a direct result of that substandard care.

4

Damage

You experienced physical, emotional, or financial harm as a consequence.

Is there a time limit?

You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.

The Claim Process

Making a compensation claim can be complex, but we handle everything from start to finish. Here’s how it works:

1

Get in Touch 

Contact us to discuss your case with a specialist negligence solicitor.

2

Gathering Evidence

Collect medical records, witness statements, and other proof to support your claim.

3

Assess your injuries

A medical expert will evaluate the impact of the negligence on your health.

4

Present your case

We will build your claim and seek compensation on a no win, no fee basis.

Court proceedings (if needed)

If the NHS or private institution in question disputes the claim, we may issue formal court proceedings.

Your Questions Answered

Can I sue the NHS for medical malpractice?

Yes. NHS patients have the same right to pursue compensation as private patients. Claims are funded through NHS Resolution, a dedicated indemnity scheme that exists specifically to cover negligence payouts.

This means your claim does not draw money away from frontline services. You also retain the right to ongoing NHS care, and making a claim cannot influence how clinicians treat you.

What signs suggest my healthcare provider acted negligently?

Negligence may be present if your condition deteriorated because early symptoms were ignored, essential tests were missed, or treatment was performed in a way that caused preventable injury.

You might also notice gaps in communication or contradictory information about your care. These are often early indicators that the standard of care may have fallen below what the law requires.

Does medical malpractice have to involve a serious injury?

Not always. Some cases involve catastrophic outcomes, but others relate to prolonged recovery, unnecessary procedures, avoidable infections, or psychological harm. What matters is whether you suffered injury that would not have occurred if proper care had been provided.

Even moderate harm can be grounds for a successful claim if the link to negligent action is clear.

What losses can compensation address?

Compensation reflects the full impact of the malpractice and aims to place you, as far as possible, back in the position you would have been in with safe care. It can cover a wide range of losses, including:

  • Corrective or future medical treatment.
  • Lost earnings and reduced future income.
  • The cost of therapy, rehabilitation, or psychological support.
  • Care and assistance from professionals or family members.
  • Travel expenses linked to medical appointments.
  • Home or equipment adjustments needed for daily life.
  • Physical pain, reduced mobility, and long-term discomfort.
  • Emotional distress, loss of confidence, or trauma following the incident.

    Does malpractice cover failures to warn me about risks?

    Yes. Consent is a core element of safe medical practice. If you were not told about risks that a reasonable patient would want to know – or if alternatives were not discussed – and harm occurred as a result, you may have grounds for a claim. A lack of informed consent is a recognised form of malpractice in its own right.

    Additional Resources

    Who do you want to file a claim against?

    Suing the NHS for negligence

    Suing the hospital for negligence

    Suing my GP for negligence

    Suing my dentist for negligence

    What’s the reason for your claim?

    Suing for misdiagnosis

    Suing for delayed diagnosis

    Suing for surgical negligence