Medical Negligence Claims Process & Legal Rights UK

The Medical Negligence Claims Process

1. Free initial assessment with a specialist medical negligence solicitor. 2. Your solicitor obtains your full medical records from all relevant providers. 3. Independent medical experts review the records and provide opinions on breach of duty and causation. 4. If the experts support your case, a Letter of Claim is sent to the healthcare provider (NHS trust, GP practice, private hospital). 5. The defendant has 4 months to investigate and respond. 6. Negotiations follow. 7. Settlement or court proceedings.

Most medical negligence claims settle without going to trial. The process typically takes 12 to 36 months for straightforward cases, longer for complex ones (birth injuries, fatal cases). No win, no fee (Conditional Fee Agreement) means you pay nothing upfront and nothing at all if the claim is unsuccessful. If successful, the solicitor's fee (capped at 25% of general damages) is deducted from your compensation.

Compensation Amounts

General damages (pain, suffering, loss of amenity) are assessed using the Judicial College Guidelines. Special damages cover financial losses: medical expenses, care costs, lost earnings (past and future), travel, home adaptations, and equipment. For serious injuries, future care costs can constitute the largest part of the claim. Birth injury claims often settle for several million pounds to fund lifetime care.

Informed consent claims: if a doctor failed to explain the risks of a procedure and you would have declined had you known, you can claim even if the surgery was technically performed correctly. Fatal negligence compensation: bereavement award (£15,120), funeral costs, dependency claims, and the deceased's pain and suffering between the negligence and death.

Claims by Provider Type

GP negligence: Failure to refer for specialist investigation (the most common GP negligence claim), failure to act on test results, misdiagnosis, prescribing errors, and out of hours GP errors. GP referral failures are particularly significant because they delay diagnosis of serious conditions like cancer. Hospital negligence: Covers all aspects of hospital care: diagnosis, treatment, surgery, aftercare, discharge, and communication. NHS hospitals are sued through NHS Resolution.

A&E negligence: Misdiagnosis in emergency departments (heart attacks, strokes, fractures dismissed), failure to triage appropriately, premature discharge, and inadequate handover between shifts. Dental negligence: Nerve damage during extractions, failed root canal treatment, wrong tooth extracted, failure to diagnose oral cancer, and inadequate informed consent for cosmetic dentistry.

Mental health negligence: Failure to assess suicide risk, inadequate care plans, premature discharge from psychiatric units, and failure to section under the Mental Health Act when appropriate. Nursing home negligence: Falls, medication errors, pressure sores, malnutrition, dehydration, and failure to summon emergency help. Private healthcare negligence: The same standards apply as NHS care. Private providers can be sued directly.

NHS Complaints and Ombudsman

Before or alongside a legal claim, you can complain to the NHS. Stage 1: complain directly to the NHS trust or GP practice (they must acknowledge within 3 working days and respond fully within a reasonable time). If unsatisfied, escalate to the Parliamentary and Health Service Ombudsman (PHSO). The PHSO investigates and can recommend financial remedy and service improvements.

A complaint and a legal claim are separate processes and can run in parallel. However, be aware that anything you say in the complaints process may be used in the legal proceedings. It is often wise to take legal advice before complaining, or at least to avoid making admissions about your own conduct.

Scotland and Northern Ireland

Scotland: Medical negligence claims follow Scottish law, which has some differences from English law. The limitation period is 3 years (same as England). Cases are heard in the Sheriff Court or Court of Session. Expert evidence requirements are similar. NHS Scotland operates separately from NHS England. Northern Ireland: Claims follow Northern Irish law. The limitation period is 3 years. Cases are heard in the County Court or High Court. The NHS in Northern Ireland operates under different trust structures.

In both jurisdictions, the same fundamental principles apply: duty of care, breach, and causation must be established. Seek a solicitor experienced in the relevant jurisdiction.

Common Questions