What is medical negligence?

All medical practitioners are legally obliged to provide a safe, adequate and reliable level of care to their patients. Indeed, when you go to the doctor, you expect to be well taken care of and return to good health as soon as possible.

When adequate care is not provided, and medical negligence occurs, your condition can quickly worsen, or you can develop a new injury or illness. Whether the negligence was caused by the NHS or a private healthcare provider, the law protects victims of medical negligence and substandard care.

Medical negligence can occur in a number of ways, such as misdiagnosis, surgical mistakes, incorrect treatment or failure to make a specialist referral. In such cases, you may be entitled to claim compensation for your suffering and losses.

To learn more about what is considered medical negligence and whether you can claim compensation, contact us by calling 0800 470 0474 today or use our online contact form to request a call back.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

Call me back

By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• What counts as medical negligence?
• What is the legal duty of care of medical professionals?
• How can substandard medical care and treatment affect my life?
• Am I eligible to make a claim for medical negligence?
• How do I prove medical negligence?
• Why does medical negligence happen?
• Can I claim against the NHS for medical negligence?
• Can I make a medical negligence claim on someone else's behalf?
• Time limits for medical negligence claims
• How long do medical negligence cases take?
• How much compensation can I claim for medical negligence?
• How much will it cost to hire a medical negligence solicitor?

What counts as medical negligence?

Medical negligence is the term given to levels of care and treatment that fall below an acceptable standard and result in an injury or illness being suffered by a patient. It can also be referred to as clinical negligence or medical malpractice.

Among a host of other actions and inactions, medical negligence can take the form of:

• A misdiagnosis, which can result in incorrect or delayed treatment, potentially worsening your condition and leading to avoidable harm;
• Surgical errors such as operating on the wrong body part or damaging internal organs;
• Prescription errors, which can include prescribing the wrong medicine or the wrong dosage;
• Inadequate aftercare of patients who underwent surgery or other medical procedures, leading to infections or delayed recovery;
• Failure to obtain consent for procedures which can have unexpected risks or complications;
• Anaesthesia errors, such as administering too little or too much of it, can result in severe outcomes, such as brain damage or waking up during surgery;
• Hospital-acquired infections such as MRSA due to poor hygiene;
• Dental negligence, such as extracting the wrong tooth, damaging nerves or misdiagnosing oral conditions, can cause significant pain and long-term issues.

What is the legal duty of care of medical professionals?

Healthcare professionals must provide care to patients in accordance with established standards of medical practice. This is known as the duty of care, and it comprises a range of responsibilities which include:

• Have the necessary knowledge, skills, and competence to diagnose and treat patients according to the standards set by their profession;
• Obtain informed consent from the patient before carrying out any treatment or procedure;
• Maintain a clean and sterile environment to prevent infections;
• Take reasonable steps to prevent harm to patients, such as avoiding any unnecessary risks;
• Refer the patient to a qualified specialist when necessary;
• Provide adequate monitoring and aftercare following a procedure or treatment;
• Keep accurate and up-to-date medical records for all patients;
• Act in the patient’s best interests at all times and provide care without discrimination based on race, gender, age or other protected characteristics.

A failure to meet these duties can result in avoidable or unnecessary pain and suffering and a subsequent medical negligence compensation claim.

How can substandard medical care and treatment affect my life?

A breach of the standard of care owed to patients can have a significant physical, emotional and financial impact on your life, including:

• Your condition could worsen, resulting in more severe health problems that could have been prevented;
• You can develop a long-term or permanent disability, chronic pain and mobility issues;
• You may need corrective surgery or further treatments to address the damage caused by substandard care;
• It can prolong your recovery time, leaving you unable to return to your daily activities for longer than necessary;
• It can have a profound emotional impact, leading to stress, anxiety and depression;
• You may incur substantial losses and expenses due to being unable to work, medical expenses, ongoing care costs and other financial burdens;
• You may lose some or all of your independence if you suffer a permanent injury or disability, and you may need help with daily activities;
• Reduced quality of life and strained relationships due to the physical and emotional pain;
• Substandard medical care can also impact your future educational and career opportunities.

Am I eligible to make a claim for medical negligence?

A free consultation with a specialist medical negligence solicitor can help you determine within minutes whether you are eligible for compensation. They will take on your case if it can be proven that:

• The healthcare professional who treated you breached their duty of care towards you through a negligent act or an omission;
• The breach of duty has led to a new injury or the worsening of your condition;
• You suffered physical, mental and/or financial losses due to the negligence.

As stated above, all medical professionals have a legal duty of care towards you, as established by relevant bodies such as the National Institute for Health and Care Excellence (NICE). Below, you can read more about how you can prove this duty was breached and how it has affected you.

How do I prove medical negligence?

With a medical negligence claim, it must be proven through evidence supported by specialist medical experts that there were serious failures in the care and treatment provided to you. It must also be proven that a competent doctor would not have responded in the same way, and the errors in negligence led to the injuries for which you are claiming compensation.

Medical negligence is often determined through using the ‘Bolam test’. This test encourages a full review of the care and treatment provided to determine whether other medical professionals in the same situation would have provided the same level of care, treatment or diagnosis offered by the defendant.

The test would consider the defendant to be not guilty of negligence if it could be shown that most practitioners in the same situation would have performed in the same way. Other evidence you could use in your claim include:

• Medical records that your solicitor will get for you, which will include all your medical history and diagnostic tests, such as scans and X-rays;
• Expert opinions from independent specialists who can compare the care you received to the accepted medical guidelines;
• Statements from friends and family who witnessed the treatment you received and how the negligence has affected you;
• Photographs or videos that can show any visible injuries you suffered, such as scarring, infections or amputations;
• Any correspondence between you and your doctor or the hospital, especially if you made a complaint;
• A copy of a consent form, if you had to sign one;
• Evidence of the psychological impact of substandard care on your life, such as a formal diagnosis from a psychologist or therapy records;
• You also need proof of financial losses resulting from the negligence, such as receipts and invoices.

Why does medical negligence happen?

Medical negligence can happen for various reasons, such as:

• Inadequate training or lack of experience;
• Inadequate supervision of new staff;
• Fatigue due to working long hours;
• Poor communication between doctors, nurses and other staff;
• Inadequate staffing levels to care for patients adequately;
• A failure to follow established protocols to ensure patient safety;
• Poor hygiene standards and negligent wound care;
• A failure to monitor patients recovering from surgery or undergoing treatment;
• Poor keeping of patient records;
• Misinterpretation of test results;
• Faulty or outdated medical equipment;
• A failure to obtain informed consent from the patient.

To learn more about ‘What is medical negligence?’, why it might have happened to you and whether you can claim compensation for the harm you suffered, call 0800 470 0474 today to speak to a specialist solicitor.

Can I claim against the NHS for medical negligence?

If you suffered due to the negligence of an NHS healthcare provider, you are entitled to make a claim for compensation. All personal injury cases against the NHS are handled by a special health authority called NHS Resolution. This body is funded by annual premiums paid by each NHS Trust and the Department of Health and Social Care.

If you make a medical negligence claim against the NHS, NHS Resolution will seek to resolve it efficiently without needing court proceedings to save time and legal costs. If your claim is successful, your payout will come from the premiums the Trust paid and will not affect the funds allocated for patient care and treatment.

Moreover, NHS Resolution will work to improve patient care and prevent similar incidents in the future, so you should not feel wrong about seeking compensation.

You can also pursue compensation if you receive substandard care in a private setting. Private healthcare professionals must also hold insurance against injuries to patients, which will cover your medical negligence payout if you make a successful claim.

Can I make a medical negligence claim on someone else’s behalf?

Yes. If your child or someone who lacks mental capacity under the Mental Capacity Act 2005 suffered due to medical malpractice, you can seek compensation for them. To claim on behalf of a loved one, you must first apply to the court to be named as their litigation friend. This process involves proving that:

• Your loved one cannot claim themselves
• There is no conflict of interest between you
• You can make fair and competent decisions about the case
• You agree to pay any fees the court might require

Once approved, you will have several duties, such as making decisions in the claimant’s best interest, agreeing to settlement offers and attending court hearings. If you win compensation, a judge must approve the amount based on the available evidence.

If required, your solicitor will then help you set up a personal injury trust so you can manage the awarded funds on behalf of your loved one.

Time limits for medical negligence claims

As a general rule, you must start your claim within three years from the date the negligence occurred. However, the effects of medical negligence can sometimes take weeks, months or even years to become apparent. In such cases, the three-year time limit will start to run from when you become aware of the substandard care.

There are a few exceptions to the standard three-year rule, such as:

• A parent or guardian can start a child injury claim at any time before the child’s 18th birthday, regardless of when the negligence occurred.
• If the injured party lacks the mental capacity to handle a claim, the claim limitation date is suspended.
• If you lost a loved one due to negligent medical treatment, you have three years to start a claim from when they passed away.

How long do medical negligence cases take?

There is no set amount of time for how long the claims process will take. Each case will have its own timescale, which will depend on several factors, such as:

• The nature and severity of your injuries
• The type of medical negligence you suffered
• How the other side responds to your allegations
• The time needed to gather evidence
• The estimated value of your claim
• Whether you need to go to court

Once you have sent a formal claim notification to the defendant, they have 14 days to acknowledge it and another four months to investigate it and respond in detail.

If they admit liability and agree to your settlement request, your case could be settled within several months. However, this is rarely the case, and there will typically be negotiations, which means your claim will likely take 12 to 18 months to conclude. In the unlikely event that you must go to court, your case could take up to five years to resolve.

How much compensation can I claim for medical negligence?

The amount of medical negligence compensation you will receive will depend on the type and severity of the harm you suffered. Your settlement will be made of two types of damages that your solicitor will carefully consider, ensuring you are fully compensated:

• General damages are awarded for the pain, suffering and loss of amenities caused by your injury or illness. These include physical and mental distress, loss of consortium, reduced quality of life and reduced life expectancy.
• Special damages are awarded for related expenses and financial losses, such as private treatments, lost wages during recovery, loss of earning capacity and medical aids.

General damages are calculated based on the guidelines from the Judicial College, according to which you could receive up to £493,000 for a very severe brain injury. For more examples of compensation amounts for various injury types, try our compensation calculator.

How much will it cost to hire a medical negligence solicitor?

If you have a valid claim for medical negligence, it will not cost you anything to get legal representation. An experienced medical negligence solicitor will take on your case on a no win no fee basis, which means you do not have to pay anything upfront or if your claim fails. This enables you to seek compensation regardless of your current financial situation and without taking any risks.

You only pay your solicitor if you make a successful medical negligence claim by giving them a pre-agreed percentage of your compensation award. This success fee is capped at 25% of general damages and past financial losses.

For further financial security, you can also take out After the Event (ATE) insurance, which will cover all the costs of litigation if your case fails, including the defendant’s.

To learn more about ‘What is medical negligence?’ and how you can make a compensation claim, call 0800 470 0474 today for a free consultation or request a call back.