What Qualifies as
“Clinical Negligence”?
Clinical negligence (also known as medical negligence) occurs when a healthcare professional fails to provide care that meets the accepted standard, resulting in avoidable harm, injury, or illness to a patient.
This breach of duty can happen in any healthcare setting, whether NHS or private, and may give rise to a legal claim for compensation if certain criteria are met.
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?
How Can I Claim?
Get in Touch
Gathering Evidence
Assess your injuries
Present your case
Who Can I Claim Against?
NHS Trusts
Including hospitals, maternity wards, mental health units, and GP surgeries.
Private healthcare providers
Including cosmetic surgery clinics, private hospitals, or dental practices.
Healthcare professionals
Including surgeons, GPs, paramedics, dentists, midwives, and nurses.
Common Types of Clinical Negligence
- Misdiagnosis or Missed Diagnosis: Failing to identify a condition entirely, or diagnosing it as something else, which delays treatment and can lead to worsened outcomes.
- Delayed Diagnosis: Recognising a condition later than appropriate, reducing the chance of successful treatment or recovery.Inadequate monitoring during childbirth
- Surgical Errors: Operating on the wrong site, leaving instruments inside the body, or causing avoidable complications during or after surgery.
- Medication Errors: Prescribing the wrong drug, incorrect dosage, or a medication the patient is allergic to.
- Birth Injuries: Harm caused to mother or baby during pregnancy, labour, or shortly after birth due to poor monitoring, delays in intervention, or incorrect use of delivery tools.
- Anaesthetic Mistakes: Administering too much, too little, or the wrong type of anaesthetic, potentially causing pain during surgery or long-term harm.
- Failure to Refer: Not referring a patient to a specialist when symptoms or test results clearly call for expert input.
Your Questions Answered
How is clinical negligence different from a patient complaint?
Filing a complaint allows you to raise concerns about the standard of care you received, but it doesn’t usually result in compensation. Complaints are typically handled through internal processes, such as the NHS complaints procedure or PALS. They can lead to apologies, explanations, and service improvements.
Clinical negligence, however, is a legal claim. It requires proof that the care caused avoidable harm. It also allows you to receive financial compensation for your injuries and losses. You can submit a complaint and pursue a legal claim at the same time – and in fact, complaint responses often provide useful evidence for your claim.
Can I sue the NHS for medical negligence?
Your claim will not reduce NHS funding or affect future care. The system is insured and prepared for these cases. In fact, bringing a claim can help highlight system failures and improve safety for others.
How long do I have to start a clinical negligence claim?
The general time limit for making a claim is three years from:
- The date the negligent treatment happened, or
- The date you first became aware that your injury or illness was linked to negligent care (known as the date of knowledge).
There are exceptions:
- Children: The three-year limit begins on their 18th birthday, so they have until age 21 to claim.
- Mental capacity: For individuals who lack mental capacity, the time limit does not apply unless or until they regain capacity.
- Fatal cases: Families usually have three years from the date of death or the date they learned of the negligence.
It’s best to speak to reach out to us as early as possible, as gathering evidence and medical opinions takes time.
Will making a claim affect my current medical treatment?
Healthcare providers are under a duty not to treat claimants differently or deny care because they are pursuing legal action. If you ever feel uncomfortable continuing with your current provider, your solicitor can advise on how to change clinics or request a transfer of care.
Do most clinical negligence claims go to court?
We will support and guide you through every step if court becomes necessary – but in most cases, it’s avoided.
Can I claim on behalf of someone else?
Yes. You can make a claim on behalf of another person if they are unable to do so themselves. This commonly applies where the injured person is a child, has suffered a serious injury, or lacks the mental capacity to manage legal proceedings.
In these circumstances, you may act as a litigation friend, allowing you to pursue the claim in their best interests. Claims can also be brought by family members following a death caused by negligent care. The process exists to ensure vulnerable individuals still have access to justice and appropriate compensation.