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Clinical Negligence Solicitors
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Clinical negligence claims may be possible if you suffered avoidable harm because a healthcare provider failed to meet expected professional care standards. This type of claim can arise following misdiagnosis, delayed diagnosis, surgical errors, medication mistakes, incorrect treatment or failures during pregnancy and childbirth. If substandard care caused avoidable physical or psychological harm and resulted in financial losses, compensation may be available. A healthcare provider, NHS trust or private healthcare organisation may be liable where negligent treatment caused avoidable harm. Accident Claims solicitors could help assess your circumstances, explain whether you may have grounds to claim and offer their services through a No Win No Fee agreement.
If your condition worsened, treatment was delayed or mistakes were made during your care, you may be left dealing with the physical, emotional and financial consequences of something that could potentially have been avoided.
Clinical negligence claims often involve complex medical issues and detailed evidence. Accident Claims can help assess whether a healthcare provider failed to meet expected professional standards and whether that failure caused avoidable harm. Our trusted legal specialists have decades of combined solicitor experience and have secured over £100 million in compensation for clients. We provide practical, straightforward legal guidance tailored to clinical negligence claims, helping clients investigate what went wrong, obtain medical records, secure independent medical evidence and understand their legal options clearly.
If you are left questioning whether avoidable mistakes were made during your medical care, Accident Claims can provide clear, independent guidance on the options available to you.
- Call 0800 073 8801
- Start your claim by requesting a call back
- Ask about medical negligence in our pop-up chat.
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Frequently Asked Questions
- Can I Claim Compensation After Medical Negligence?
- Can I Claim For A Child Or Loved One After Clinical Negligence?
- How Accident Claims’ Solicitors Can Help You After Medical Negligence
- Medical Negligence Claim Examples
- Are All Errors Classed As Clinical Negligence?
- How Much Compensation Could Be Awarded For Medical Negligence?
- Can I Claim Special Damages After Clinical Negligence?
- Claiming Compensation After Fatal Medical Negligence
- The Medical Negligence Claim Process
- Clinical Negligence Claims With Accident Claims’ Solicitors
- Frequently Asked Questions About Medical Negligence Claims
- Learn More
Can I Claim Compensation After Medical Negligence With Accident Claims?
Yes, you may be able to claim compensation with us here at Accident Claims if negligent medical treatment caused an injury, illness, unnecessary suffering or a worsening of an existing condition. To pursue a clinical negligence claim, it is usually necessary to show that the care you received fell below the expected professional standard and that this directly resulted in avoidable harm. Our advisors can help assess whether the following criteria are met:
A Healthcare Provider Owed You A Duty Of Care
All healthcare professionals, whether working within an NHS trust or the private medical sector, owe their patients a duty of care. This means they must provide treatment that meets accepted professional standards to protect patient safety. Whether your treatment took place in an NHS hospital, GP surgery, private hospital or other medical facility, you will have been owed this legal duty.
That Duty Of Care Was Breached
Not every poor medical outcome amounts to clinical negligence. To make a medical negligence compensation claim, it must be shown that the care you received fell below the standard expected of a reasonably competent medical professional. This could involve a delayed diagnosis, surgical mistake, medication error, failure to refer for further investigation or other forms of incorrect treatment.
You Suffered Avoidable Harm
Finally, you must have suffered avoidable harm because of the negligent treatment. This could include a physical injury, psychological harm, a worsening medical condition or additional medical treatment that would not otherwise have been required. Accident Claims can help obtain medical records, independent medical evidence and expert opinions to determine whether the treatment you received fell below the expected professional standard, whether this caused or worsened your condition and whether you may have grounds to pursue compensation.
Can I Claim Compensation After NHS Negligence?
Yes, you may be able to claim compensation after NHS negligence if treatment provided by an NHS healthcare professional or NHS trust fell below the expected professional standard and caused you avoidable harm.
The NHS Resolution is the body that handles clinical negligence claims on behalf of NHS trusts. Its role includes investigating allegations of negligence and managing claims where liability is established.
Can I Make A Medical Negligence Claim Against Private Healthcare?
Yes, you may be able to make a medical negligence claim against a private healthcare provider if a doctor, surgeon, consultant, nurse or private hospital provided substandard treatment that caused an injury, illness or worsening of an existing condition. Private hospitals, clinics and medical professionals owe patients the same duty to provide treatment that meets accepted professional standards as NHS providers. Accident Claims can help identify who may be responsible for your treatment and whether you may have grounds to claim.
Determining whether negligent treatment caused avoidable harm is rarely straightforward. Our team can help investigate the circumstances of your care and assess whether you may be entitled to compensation.
Can I Claim For A Child Or Loved One After Clinical Negligence?
Yes, you may be able to claim compensation on behalf of a child or loved one if clinical negligence occurred and they are unable to manage the claim themselves. In these circumstances, you can apply to be, or the court can appoint, a litigation friend to act on their behalf during the claims process. A litigation friend makes decisions in the claimant’s best interests, provides instructions to solicitors and helps ensure the claim is progressed appropriately.
Medical Negligence Claims For Children
A parent, guardian or another suitable adult can act as a litigation friend to claim medical negligence compensation on behalf of a child below the age of 18. If no claim is made while the child is under 18, they will be able to pursue a clinical negligence claim themselves once they reach adulthood. Once they turn 18, they will have 3 years from that date to begin the claims process.
Can I Claim For A Loved One Who Lacks Mental Capacity?
Yes, you may be able to claim compensation on behalf of a loved one who lacks the mental capacity to manage their own clinical negligence claim. In these circumstances, they are known as a protected party and can have a litigation friend appointed to act in their best interests throughout the claims process. Should the protected party regain mental capacity before a claim is made on their behalf, they will generally have 3 years from the date they regain capacity to begin their own claim.
The solicitors at Accident Claims have extensive experience supporting litigation friends throughout the claims process. If you are considering making a claim on behalf of a child or loved one, our advisors can explain your responsibilities, answer your questions and provide guidance tailored to your circumstances.
How Accident Claims’ Solicitors Can Help You After Medical Negligence
Clinical negligence claims can be challenging because they often require a detailed understanding of complex medical issues, extensive evidence and careful analysis of what should have happened during your treatment. Accident Claims’ specialist solicitors can help investigate your concerns, explain your legal options and navigate the complexities of a clinical negligence claim.
Our solicitors can help by:
- Obtaining And Analysing Your Medical Records
We can secure and review relevant treatment records to identify potential failings in your care and establish a clear timeline of events. - Working With Independent Medical Experts
Clinical negligence claims often depend on expert medical opinion. Our solicitors can obtain independent expert evidence, where required, to assess whether your treatment fell below accepted professional standards. - Investigating Complex Treatment Histories
Clinical negligence claims often involve lengthy treatment histories spanning multiple appointments, departments or healthcare providers. Our solicitors can piece together the key events to identify where standards of care may have fallen short. - Presenting Clear Evidence Of Negligence And Harm
We can gather and organise the evidence needed to demonstrate both the breach of duty and the impact the negligence has had on your health and wellbeing. - Assessing Whether Earlier Intervention Could Have Changed The Outcome
We can analyse the treatment timeline and expert evidence to determine whether earlier diagnosis, treatment or referral may have prevented the harm suffered.
Clinical negligence claims can be difficult to assess without specialist guidance. An Accident Claims advisor can review the circumstances of your treatment and help you understand whether pursuing compensation may be an option.
Medical Negligence Claim Examples
The examples below demonstrate some of the circumstances in which clinical negligence claims may arise and where compensation could potentially be pursued.
Misdiagnosis And Delayed Diagnosis Claims
Misdiagnosis and delayed diagnosis claims may arise when a medical condition is diagnosed incorrectly or not identified within a reasonable timeframe. Learn more about the causes, consequences and eligibility criteria associated with these claims by speaking to our team.
Surgical Negligence Claims
Surgical negligence claims may arise when avoidable mistakes occur before, during or after a surgical procedure, resulting in unnecessary injury, complications or a worsening medical condition. Discover more about the circumstances that may lead to a surgical negligence claim in our page on surgical errors and negligent surgery.
Medication And Prescription Error Claims
Medication and prescription error claims may arise when a patient receives the wrong medication, an incorrect dosage or unsuitable treatment, resulting in avoidable harm.
Birth Injury And Maternity Negligence Claims
Birth injury and maternity negligence claims may arise when avoidable mistakes during pregnancy, labour, delivery or postnatal care cause harm to a mother, baby or both. Our birth injury claims page explains the circumstances in which these claims may arise and how compensation may be pursued.
GP Negligence Claims
GP negligence claims may arise when a General Practitioner fails to diagnose a condition, makes an incorrect diagnosis, delays a referral or provides inappropriate treatment, resulting in avoidable harm.
Hospital Negligence Claims
Hospital negligence claims may arise when errors occur during treatment, diagnosis, surgery, patient monitoring or other aspects of hospital care, resulting in avoidable harm. Find out more about the types of mistakes that can lead to compensation by reading our hospital negligence claims guide.
Cancer Misdiagnosis Claims
Cancer misdiagnosis claims may arise when cancer is diagnosed incorrectly, identified too late or mistaken for another condition, potentially delaying vital treatment and affecting the patient’s prognosis. We examine these claims in more detail on our cancer misdiagnosis claims page, including the circumstances in which compensation may be available.
A&E Negligence Claims
A&E negligence claims may arise when errors are made during emergency treatment, triage, diagnosis or discharge, resulting in avoidable harm to a patient. If you have concerns about the emergency treatment you received, an Accident Claims advisor can help you understand whether the care provided met the expected professional standard.
Cosmetic Surgery Negligence Claims
Cosmetic surgery negligence claims may arise when a procedure is performed incorrectly, risks are not properly explained, or post-operative care falls below the expected standard, resulting in avoidable harm. Our cosmetic surgery negligence claims page takes a closer look at the types of mistakes that can lead to a claim and the compensation that may be available.
Negligent Mental Health Treatment Claims
Negligent mental health treatment claims may arise when failures in assessment, diagnosis, treatment or patient care result in avoidable harm or a deterioration in a person’s mental health. Because these claims often involve complex medical and psychological issues, Accident Claims can help you understand whether the care you received fell below the expected professional standard.
Ophthalmic And Eye Care Negligence Claims
Ophthalmic and eye care negligence claims may arise when errors in diagnosis, treatment, surgery or ongoing eye care result in avoidable damage to a patient’s vision or eye health. Visit our optician negligence page to learn more about the circumstances that may give rise to a claim and the impact these mistakes can have.
Amputation And Orthopaedic Negligence Claims
Amputation and orthopaedic negligence claims may arise when errors in the diagnosis, treatment or surgical management of bone, joint, muscle or limb conditions result in avoidable harm.
If your experience is not listed above, do not assume that compensation is unavailable. A team member can assess the circumstances of your treatment and help determine whether you may have grounds to pursue a clinical negligence claim.
Are All Errors Classed As Clinical Negligence?
No, not all errors are classed as clinical negligence, and a poor outcome does not automatically mean that compensation will be available.
Some complications can occur even when appropriate treatment is provided, while other mistakes may have no lasting consequences for the patient. Clinical negligence claims depend on whether the correct standard of care was provided and, if not, if this had a meaningful impact on your health, recovery or overall outcome.
An advisor can review the circumstances of your treatment and explain whether the outcome may have resulted from clinical negligence.
How Much Compensation Could Be Awarded For Medical Negligence?
The amount of compensation awarded for medical negligence will depend on the nature of the harm suffered, the severity of its effects and the impact it has had on your life and finances. Compensation can include general damages, which compensate for the pain, suffering and loss of amenity caused by negligent medical treatment, as well as other losses that may arise from the harm sustained. The value of a claim will therefore depend on the specific injuries, illnesses or complications suffered and the extent to which they have affected your daily life.
When valuing general damages, Accident Claims solicitors refer to the Judicial College Guidelines (JCG). The JCG is a recognised publication used by legal professionals to assess compensation for various injuries and illnesses. While the JCG does not determine exactly how much compensation will be awarded, it provides an important framework for valuing the effects of medical negligence and promoting consistency when assessing claims.
The table below contains examples of compensation guidelines taken from the JCG. These figures are intended as a guide only, as every medical negligence claim is assessed on its own facts and evidence. Please note that the first entry is not taken from the JCG. For a more specific estimate of how much compensation you could claim, speak to an advisor.
| Harm | Notes | Compensation Guideline |
|---|---|---|
| Multiple Bodily Systems Harmed And Related Costs | Settlements may include compensation for various types of severe harm alongside costs, including lost wages, private treatments and home support | Up to or over £1 million |
| Paralysis - Tetraplegia | The higher end of this brackets is applicable to cases involving significant brain damage and physical pain is present. | £428,850 to £533,720 |
| Brain Damage - Very Severe | Severe cognitive and physical disability requiring extensive care and support | £372,570 to £533,720 |
| Kidney Damage | Serious and permanent damage to, or loss of, both kidneys | £223,800 to £277,980 |
| Bowel and Bladder | Total loss of natural bowel and urinary function with additional medical complications | Up to £243,350 |
| Female Reproductive Harm | Infertility with sexual dysfunction, severe psychological effects and possible medical complications | £151,790 to £224,670 |
| Male Reproductive Harm | Total loss of reproductive organs with significant impact on fertility and sexual function | In excess of £203,290 |
| Chest Injury | Permanent damage to the chest, lungs or heart causing significant disability | £133,000 to £198,320 |
| Lung Disease | Serious respiratory disease causing significant breathing difficulties, reduced physical activity and worsening lung function | £72,430 to £92,520 |
| Spleen Loss | Loss of the spleen resulting in an ongoing risk of infection and immune system complications | £27,480 to £34,740 |
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Can I Claim Special Damages After Clinical Negligence?
Yes, you may be able to claim special damages after clinical negligence to recover financial losses and expenses caused by avoidable harm resulting from substandard medical treatment.
Special damages must be supported by evidence, such as receipts, invoices, payslips, employment records, bank statements and medical evidence. Accident Claims’ medical negligence solicitors can help identify the losses that may be included, gather supporting documents and ensure reasonable financial losses are properly considered when valuing your claim.
Depending on your circumstances, special damages may include:
- Income lost because of additional treatment or recovery time – Our solicitors can help calculate how time away from work affected your earnings and gather evidence to support this loss.
- Private treatment and medical costs – If you needed private consultations, corrective treatment, rehabilitation or medication, we can assess whether these expenses may form part of your claim.
- Travel expenses – Additional journeys to hospitals, clinics, rehabilitation appointments or specialist consultations may be recoverable where they were caused by the harm suffered.
- Care and support costs – If you needed practical help from relatives, friends or paid carers, our solicitors can help document this support and consider whether it should be included.
- Equipment, adaptations and future needs – In more serious cases, special damages may cover mobility aids, home adaptations, accessibility equipment, future healthcare or long-term care needs.
If clinical negligence has caused you financial losses, speak to an Accident Claims advisor for guidance on what may be recoverable.
Claiming Compensation After Fatal Medical Negligence
You may be able to claim compensation following the death of a loved one if failures in their medical treatment or care led to their death. Fatal medical negligence claims can arise where healthcare professionals failed to diagnose a serious condition, delayed treatment, made avoidable surgical errors or provided care that fell below accepted professional standards.
While no amount of compensation can undo what has happened, a claim can help provide financial security and accountability following a fatal medical negligence incident. For more information, please see our fatal medical negligence claims guide.
Who Can Claim After Fatal Medical Negligence?
Different people may be entitled to claim compensation after a fatal medical negligence incident, depending on their relationship to the deceased and the nature of their losses.
Under the Law Reform (Miscellaneous Provisions) Act 1934, claims can be brought by the deceased’s estate during the first 6 months following the death or from the date the death is linked to negligent medical treatment, such as after the conclusion of an inquest. During this period, the estate can pursue a claim for the general damages and special damages of the deceased, as well as on behalf of eligible dependants.
Eligible family members who relied on the deceased’s income, care or support can claim wrongful death compensation after the first 6 months if the estate did not do so on their behalf, per the Fatal Accidents Act 1976.
What Compensation Could Be Claimed?
Compensation following fatal medical negligence may include bereavement damages, dependency claims and funeral expenses where the legal criteria are met. It may also include compensation for the deceased’s pain, suffering and financial losses experienced between the incident and their death, but only the estate can claim this.
Dependency claims can compensate for the loss of financial support, services, or care previously provided by the deceased. This can include the loss of income, household services, care and other practical support the deceased would have provided to their dependants.
Additionally, a bereavement award of £15,120 is available to certain qualifying relatives under the Fatal Accidents Act 1976. If multiple relatives claim this, it will be divided between them.
Funeral costs and other reasonable expenses connected to the death may also be recoverable.
If you have lost a loved one because of negligent medical treatment, one of our specialist solicitors can explain the claims process and provide guidance on the options available to your family.
The Medical Negligence Claim Process
Medical negligence claims can be complex because they often involve detailed medical records, multiple healthcare providers and specialist evidence. Accident Claims can help guide you through each stage of the process, helping to gather the information needed to assess what happened and whether compensation may be available. Below, we list some of the steps you could take to support your claim.
Prioritise Your Ongoing Treatment And Recovery
Your health should always come first. Continuing to seek appropriate medical treatment can help support your recovery while also creating a record of your symptoms, treatment and prognosis.
Secure Evidence Relating To Your Care
Medical negligence claims often depend on detailed documentary and medical evidence. Accident Claims can help identify and obtain relevant records, including hospital notes, GP records, referral letters, test results and complaint responses, while also assessing how this evidence may help establish what happened and whether the care provided met the expected professional standard.
To learn more about the evidence commonly used in these cases, visit our guide on how to prove a medical negligence claim.
Build A Clear Record Of The Impact On Your Life
Keeping a record of your symptoms, treatment, appointments, and the wider impact on your daily life can help demonstrate how the negligence has affected you. This may also help identify financial losses and ongoing care needs.
Receive Specialist Legal Guidance
Clinical negligence claims can be complex, often involving detailed medical evidence and legal issues. Accident Claims’ specialist solicitors can assess the circumstances of your treatment, explain whether you may have grounds to claim and provide clear guidance on the options available to you. If your claim is eligible, our solicitors can help gather evidence, obtain expert opinions and manage the claims process on your behalf, allowing you to focus on your recovery.
Manage Deadlines And Limitation Periods
Medical negligence claims are usually subject to a 3-year limitation period. This period generally begins on the date the negligence occurred or from the date of knowledge, which is when you first became aware, or could reasonably have been expected to become aware, that your harm may have been linked to substandard medical treatment. Different time limits and exceptions can apply to children and protected parties.
For more information about the deadlines that may apply and any relevant exceptions, please see our medical negligence time limits guide.
If you have concerns about the treatment you received, an Accident Claims advisor can explain the claims process, discuss the evidence that may be required and help you understand the options available to you.
Clinical Negligence Claims With Accident Claims’ Solicitors
When medical treatment does not go as expected, understanding your legal options can be just as important as understanding what went wrong. Accident Claims’ specialist solicitors can provide straightforward guidance tailored to your circumstances and discuss whether we can support you through a No Win No Fee agreement.
Can Medical Negligence Claims Be Made On A No Win No Fee Basis?
Yes, medical negligence claims may be made on a No Win No Fee basis if the claim is accepted by a solicitor and meets the necessary criteria. The type of No Win No Fee agreement our solicitors use for clinical negligence claims is a Conditional Fee Agreement (CFA).
This type of agreement can allow eligible claimants to access specialist legal representation without the financial pressure of paying solicitor’s fees at the beginning of a claim. You also won’t be asked to cover these fees as the claim is ongoing or if it does not succeed.
If your claim is successful, your solicitor will take their success fee from your compensation before sending it to you. This fee is taken as a percentage of your compensation, is legally capped and will be discussed with you before you sign anything.
Contact Accident Claims Today
Speak to an Accident Claims advisor for clear guidance on your circumstances. They can explain whether you may have grounds to claim, how the process works and whether a No Win No Fee agreement may be available.
- Call 0800 073 8801
- Fill out our start a claim form for a call back.
- Ask about clinical negligence claims in our live chat.
Frequently Asked Questions About Medical Negligence Claims
Below, we answer some of the most frequently asked questions (FAQs) about medical negligence claims.
How Do I Know If I Have A Valid Clinical Negligence Claim?
You may have a valid clinical negligence claim if your medical treatment fell below the expected standard and this resulted in avoidable harm. Whether a claim is possible will depend on the specific circumstances of your treatment and the available evidence.
What Is The Difference Between Clinical Negligence And Medical Negligence?
There is generally no difference between clinical negligence and medical negligence, as both terms are commonly used to describe situations where substandard healthcare causes avoidable harm.
Do I Need A Solicitor To Make A Medical Negligence Claim?
No, you do not need a solicitor to make a medical negligence claim, but these claims often involve complex medical evidence, legal arguments and expert opinions. Having specialist legal representation can help ensure the claim is properly investigated, presented and valued.
Will I Need To Attend Court For A Clinical Negligence Claim?
It is very unlikely, as most clinical negligence claims are settled without the need to attend court. If liability is disputed or an agreement cannot be reached, court proceedings may be necessary, but many claims are resolved beforehand through negotiation.
What Happens If A Hospital Denies Medical Negligence?
A hospital denying medical negligence does not automatically prevent a claim from succeeding. If liability is disputed, evidence such as medical records and independent expert opinions can be used to assess whether the treatment met the expected professional standard and negotiate a claim.
How Long Do Medical Negligence Claims Usually Take?
Medical negligence claims can take several months or longer to resolve, depending on the complexity of the medical issues, the evidence required and whether liability is disputed. More complex cases involving serious harm or multiple healthcare providers often take longer to settle.
Learn More
Here are a few more guides from Accident Claims that might be of interest:
- Guidance on paediatric negligence claims and how to claim compensation on behalf of your child.
- The process for making a paramedic negligence claim explained.
- Read examples of medical negligence payouts.
A few external websites that could be useful:
- Learn about NHS Resolution and its role in complaints and claiming compensation.
- NHS guidance on patient choices within the health service.
- Health and Safety Executive advice on returning to work following sick leave.
Thank you for taking the time to read our guide on clinical negligence claims. If you have questions, get in touch with Accident Claims for clear, straightforward guidance.