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What is medical negligence?

Medical negligence (also known as clinical negligence) is where health professionals fail in their duty of care to you. It covers any wrong, accidental or substandard care by medical professionals that causes a patient injury or makes an existing condition worse. This is usually by incorrect action or a failure to act.

According to NHS Resolution, the body responsible for resolving medical negligence cases, there were 15,674 compensation claims against the NHS settled in 2020/21. Over 55% resulted in damages awarded across medical specialties including A&E, orthopaedics (bones, joints, muscles and soft tissue), obstetrics (pregnancy and childbirth), and general surgery.

Sadly, clinical negligence carries the risk of life-changing consequences for patients, whether through physical injury or psychological trauma in its aftermath. If you or a loved one has been injured due to the medical treatment you've received, we're here to help you get the compensation you deserve.

If you've suffered a medical negligence incident, then it can be tough to know where to turn for advice you can trust. From physical trauma to psychological damage, we can help you make the important decisions that are right for you.

What is medical negligence?

If you've suffered a medical negligence incident, then it can be tough to know where to turn for advice you can trust. From physical trauma to psychological damage, we can help you make the important decisions that are right for you.

What are the different types of medical negligence?

Medical negligence is a broad term that describes a wide range of experiences. There are many different types of medical negligence, from incorrect treatment and surgical errors to misdiagnosis and dental negligence. 

Below are some examples of negligence and instances where we can help. It's not an exhaustive list, so call us free on  for a chat if you'd like to find out more.

  • Hospital negligence, including claims against private and NHS hospitals for illness caused by incorrectly dressed or cleaned wounds or the development of pressure sores.
  • Hospice negligence, including injuries and incorrect medication.
  • Dental negligence causing damage to the teeth, gums and jaw.
  • Injuries during or after general surgery.
  • Infections acquired during a stay in hospital.
  • Misdiagnosis of a medical condition which can lead to incorrect treatment.
  • Medication errors where the wrong medication has been given or prescribed.
  • Birth injuries including injuries to both mother and infant, whether it is during pregnancy (pre-eclampsia, maternal diabetes), during labour (brachial plexus, cerebral palsy) or after the birth (hip dysplasia).
  • Care home claims involving the elderly who are particularly vulnerable.
  • Claims against a negligent GP.
  • Negligent or poorly framed medical advice that prevents the patient making an informed choice.
  • Failure to warn patients about the risks of a procedure or treatment.

What is medical malpractice negligence?

Surgical ‘Never Events' are also known forms of medical negligence. These are elementary mistakes in surgery deemed so serious - and so avoidable - that they should never happen. They include incidents like:

  • Performing the wrong operation on the right person and vice versa.
  • Operating on the wrong part of the body.
  • Accidentally leaving a surgical item or other foreign body inside the patient's body.
  • Avoidable post-operative infection.
  • Accidental perforation of internal organs.
  • Cosmetic procedures causing avoidable scarring or other disfigurement.

Medical malpractice is severe and extremely rare and in most circumstances your case will be submitted as medical negligence. Medical professionals follow stringent procedures to ensure that medical malpractice negligence does not occur. In fact, being sued for medical malpractice can be so serious an offence that medical professionals could end up losing their right to practice. 

Medical mistakes, whether they are surgical or otherwise, can have serious and long-lasting consequences. Common cases can include spinal injuries, brain injuries, orthopaedic injuries, amputations or even misdiagnoses of cancer, so we know how important it is to help make it right when it comes to starting a claim if something has gone wrong.

Medical negligence and mental health

People's lives can change dramatically after experiencing an injury that was someone else's fault. They may be unable to work, relationships may suffer, and they may not be able to enjoy things that they did pre-accident.

Unfortunately, this can lead to many victims experiencing mental health issues, including increased anxiety, depression and inability to sleep.

Our research revealed that a huge 72% of 1,000 people who had experienced an accidental injury had suffered mentally as a consequence. We spoke with Clinical Psychologist Dr Claire Freeman to better understand the impact no fault injuries can have on people's mental health.

People's lives can change dramatically after experiencing an injury that was someone else's fault. They may be unable to work, relationships may suffer, and they may not be able to enjoy things that they did pre-accident.Unfortunately, this can lead to many victims experiencing mental health issues, including increased anxiety, depression and inability to sleep.Our research revealed that a huge 72% of 1,000 people who had experienced an accidental injury had suffered mentally as a consequence. We spoke with Clinical Psychologist Dr Claire Freeman to better understand the impact no fault injuries can have on people's mental health.

A medical negligence claim is different to a personal injury claim. As the claimant, you must prove two things: fault and avoidable harm caused. This means demonstrating that medical staff failed to fulfil their responsibilities to you as a patient and that this failure caused you harm that should have been avoidable.

Our friendly advisors are here to listen and talk things through. Get in touch today on .

Dr Hilary Jones

If you can't do the things that you normally do, or if your routine is upset through an injury which was no fault of your own, it can be quite devastating.

Dr Hilary Jones

Television GP

How do medical negligence solicitors prove my case?

All medical staff have a duty of care to treat you properly and avoid causing you unnecessary injury, pain or suffering. When taking on a case, our no win no fee medical negligence lawyers work hard to prove that the care received was below that which the legal duty of care standards demand.

To do this, they'll typically examine three key areas:

  • Breach of duty - proving that the doctor or medical professional failed to uphold their legal duty of care to you.
  • Causation - proving that the treatment you received was the cause of your injury (or caused your condition to get worse).
  • Damages - giving clear evidence of the harm you have suffered as a result.

Our medical negligence solicitors will be on hand to guide you step by step through the claiming process, so you won't need to worry about being confused by legal jargon. They'll also be able to handle most of the paperwork for you, so you can focus on your recovery.

Proving negligence in medical malpractice

Due to the severity of medical malpractice negligence, it is often easy to pinpoint what went wrong and how. However, as the claimant, you must prove that the medical professional who treated you did not act with care or took unnecessary risks with your health. 

Typically, a court will examine the above key areas to determine if you have proved malpractice. Our medical malpractice lawyers will be able to help you gather all the proof you need to support your case.

How do you report a doctor for medical malpractice?

It is understandable that you would want to report the doctor or medical practitioner who subjected you to pain and suffering through medical malpractice. You may want to stop them from causing harm to someone else or to help them understand where they went wrong. 

If you have raised your issue with the healthcare body that governs the treatment you received, it is highly likely that they will be investigating the doctor in question. However, you might have avoided making a complaint. If so, when you make a claim, your medical malpractice lawyer can help you submit a complaint to the medical body at the same time. 

We appreciate it may not be your top priority to complain, especially when you're trying to recover. Give us a call on and we'll talk you through your next steps.

What steps do I take to make a medical negligence claim?

Making a medical negligence claim at such a difficult time can often feel like the last thing you want to do, but it's always our aim to make the process as simple and stress-free as possible. In fact, the first step is as easy as getting in contact with us for free on  to chat over your situation and explore your options.

During your call, we'll talk about the treatment you received to get a better idea of what happened. Our friendly advisors will never pressure you into making a claim. We're here to give you free, impartial advice that helps you, at your pace and in your own way.

If you do decide you'd like to go ahead with your claim, we'll choose the right medical negligence lawyers for your case, and can introduce you to them, usually on the same call. They will also speak to you for free and will make sure you know exactly what to expect before they get in touch with the other party to get your claim underway.

Depending on the nature of your case, they could also help you access any medical care and rehabilitation you need to make the best recovery possible.

How to file a medical malpractice claim?

Once you have decided to press ahead with your medical malpractice claim, your medical malpractice lawyer will start compiling your case, working with you to gather all the evidence they need to submit your claim. 

It will then be submitted to the courts. On occasion, the courts may need some additional information from you or your medical claims solicitor. Don't worry, your legal team will keep you updated every step of the way.

Even just the process of [people] being able to talk to somebody at their own pace about what's happened without being quizzed can be quite validating for people.

Dr Claire Freeman

Clinical Psychologist

Can I claim for medical negligence using no win no fee?

Yes you can - and at National Accident Helpline we specialise in no win no fee claims. With this type of claim, you have the peace of mind that there will be nothing to pay if you don't win your case. This is what makes it a risk-free way to claim the compensation you deserve.

With a no win no fee claim, your medical negligence solicitor will cover all your claim costs and expenses as the case proceeds. There are no upfront costs for you to worry about.

Should your claim be unsuccessful, all your costs are covered. This gives you reassurance that you won't be out of pocket. This is because in most cases your solicitor will help you put in place an insurance policy known as ‘After the Event insurance' (ATE). This form of insurance makes sure that if your claim isn't a success, you won't face legal costs such as medical report fees, court fees or barristers' fees. What's more, even the ATE policy fee is covered.

If your case is successful, depending on the type of claim and its value, the other side will typically contribute to your legal costs and expenses. Any shortfall in their contribution may be covered by a deduction from your compensation. This may include the ATE policy fee, any fixed fees not covered by the other side, and in some cases a ‘success fee' for your solicitor.

Before the claims process gets underway, your solicitor will explain and discuss how much you'll pay if your claim is a success. There will be no hidden surprises and any deduction made from your compensation will be capped at a level discussed upfront with you. All of this gives the reassurance going into your claim that you won't face fees beyond levels discussed at the outset.

Can I discuss a medical negligence claim on behalf of someone else?

Yes, of course you can. We can help you make a no win no fee medical negligence claim on behalf of a friend or family member.

If their injuries are serious, they might not physically be able to claim on their own or they might not feel ready to speak to us about what they've been through. Either way, we can help you make it right for them by giving you free advice about the claims process.

Tragically, medical negligence can be fatal in extreme cases. We know how difficult it can be to cope with the grief of losing a loved one, and we can't take away what you've been through. Losing someone close to you can also put you under financial pressure, which is why we can help you get compensation to cover things like legal costs, funeral fees and any other expenses.

What happens if my child has suffered medical negligence?

While we can't change what you and your child have been through, we can help you make a claim on their behalf so that they can receive the best support, treatment and rehabilitation they need.

We can help you make a medical negligence claim on behalf of a child any time up until their 18th birthday. Alternatively, they can make a claim for themselves up to three years after they turn 18.

Will I need to attend a medical exam when I start my medical negligence claim?

No, you don't. Typically, our specialist medical negligence solicitors will complete a Screening Report following a review of your medical records.

Can I make a medical negligence claim against the NHS?

Yes, you can. If you've suffered a delayed diagnosis, misdiagnosis or negligence because of an NHS professional within the last three years, then it's likely you can make a claim against the NHS.

Although it may seem daunting, you will have our full support. Our medical negligence solicitors are experienced in bringing medical negligence NHS claims and can take you through the process step by step, keeping things as simple and stress-free as possible.

Katie's medical negligence story

When Katie's appendix burst and it went unnoticed, both she and her mum feared long-term consequences. Katie's mum contacted us for help.

Katie's medical negligence story

When Katie's appendix burst and it went unnoticed, both she and her mum feared long-term consequences. Katie's mum contacted us for help.

Will my medical negligence claim take money directly out of the NHS budget?

The short answer is no. When you make a medical negligence claim against the NHS, it's handled by an organisation called NHS Resolution, set up by the Government to handle medical negligence cases brought by patients against NHS Trusts.

NHS Resolution acts like an insurance company. Each NHS Trust in the UK pays an annual premium to NHS Resolution so that there is always a pot of money available to settle any medical negligence cases brought against them.

Think of it like your car insurance. In practice, you may never need the policy because you haven't had an accident and so no one has claimed against you. But the law says you have to pay the premium anyway, just in case you do have an accident that's your fault and then someone claims against you. The same goes for all NHS Trusts - NHS Resolution is their own specialist insurer.

What if I have a medical negligence claim against a private healthcare provider?

Medical negligence claims for private healthcare patients work differently. The General Medical Council (GMC) guidelines state that medical practitioners working in private healthcare must take out their own liability insurance to cover negligence claims as they are classed as contractors (rather than as employees like in the NHS).

Consequently, medical negligence claims brought by private patients tend to be a little more complex, may take a little longer, and are more likely to go to court.

We can help you with both private healthcare and NHS claims. Call us free on  to find out how.

What will happen to the medical professional who treated me if my clinical negligence claim is successful?

Your claim is completely separate to any inquiry or disciplinary actions that a hospital or GP practice may undertake internally. In less serious medical negligence cases, it's unlikely there will be any action against the professional concerned.

However, in severe cases, a full investigation is the standard response. Any subsequent disciplinary action will match the circumstances and level of the negligence involved.

The medical negligence lawyer representing you from our experienced panel will always seek to persuade the organisation involved both to review its procedures and to take the necessary steps to ensure the incident isn't repeated with another patient. Additionally, they will also ask for a formal apology. It's a principle we think is important.

Will a medical negligence claim affect my current treatment?

If you're still being treated by the doctor or hospital responsible for the negligence you suffered, then you may understandably be worried that making a medical negligence claim could affect your treatment or that another incident may occur.

It's very unlikely that you'll be treated any differently because of your claim; it's against the law for a hospital or GP to refuse to treat you because of a complaint or an ongoing compensation claim. However, if you decide you'd like to continue your treatment somewhere different for your own peace of mind, you can ask to be transferred to another hospital or referred to a different doctor.

How long after medical negligence can you claim?

The time limit is three years (36 months) from the date of the medical negligence incident. There's an official admin procedure our no win no fee medical negligence lawyers have to follow in order to register your compensation claim; if you have 12 weeks or less until the expiry deadline, there's very little chance of us being able to help you in time. If you're approaching that point, then please do call us on  while we still have time to help you.

There are exceptions to the three-year rule:

  • Brain damage: If the claimant has suffered a serious brain injury that has compromised their mental capacity and they can't claim personally as a result, then there are no time limits on a claim.
  • Children: Parents, guardians or formal ‘litigation friends' can claim on behalf of a child or teenager any time until they're 18. If no claim has been made by their 18th birthday, that child (who is now legally an adult) has three years until their 21st birthday to begin their own claim.

    How long do medical negligence claims take to settle?

    The time it takes to settle medical negligence cases does depend on the complexity and severity of the claim. It also depends on whether the specialist solicitor we introduce you to is pursuing your claim with NHS Resolution (the government body that handles NHS claims) or with the insurance company of a medical professional working in private healthcare.

    The key consideration is establishing where fault lies. Our approved medical negligence solicitors aim to settle the majority of cases within a few months, but medical claims can often be complex. It can sometimes take a couple of years or more to settle very intricate cases. The medical negligence lawyer we appoint for you will have an idea of the time it will take when they've assessed your claim.

    Will I need to appear in court as part of my medical negligence claim?

    Statistics from the NHS Resolution Report for 2020/21 show 74.7% of claims were settled without needing formal court proceedings. In that same period, only 0.4% of claims - just 56 cases - went to a full trial. That means less than a third of cases went to litigation, so the chances are you won't need to make a personal appearance in court.

    However, should your medical negligence case be referred to court (usually only when negotiations have broken down), your legal team will prepare you fully so you're confident and comfortable, and they'll take care of all the legal heavy lifting.

    How much might I receive if I win my medical negligence claim?

    After receiving negligent treatment, you may be feeling alone, frustrated and in pain. To us, it feels wrong that you should have to worry about money on top of everything else. This is especially true if you've had to undergo more treatment to put the problem right. You probably didn't expect to be spending so much time in the hospital, away from loved ones and perhaps unable to work.

    As with the time it takes to complete a claim, the amount you could receive will depend on the severity of the injuries caused by medical negligence. When you register your claim with us, the specialist solicitor we appoint for you will examine every impact you've suffered so that we can make sure you secure all the compensation you deserve.

    Compensation naturally covers discomfort, pain and physical suffering as well as the long-term consequences or any medical complications caused by the incident. But clinical negligence incidents may also have a wider financial impact on your life.

    Dr Hilary Jones

    If you're off work, you're worrying about what's happening at work when you're not there. You're losing your confidence; you worry about going back. You might be financially affected.

    Dr Hilary Jones

    Television GP

    That's why our no win no fee medical negligence solicitors will look at:

    • Lost income and any time off work
    • Losses to your future income and any other impacts on your ability to work
    • Psychological trauma
    • The post-incident care you may have had, even if it was - or still is - given freely by your family and friends
    • Any adaptations you've had (or may need in the future) to make to your car or home
    • Any medical care costs, treatment travel or accommodation expenses incurred as a consequence of the incident
    • Any rehabilitation programmes prescribed to you by a medical professional as a result of the clinical negligence incident
    • The extra daily expenses you incurred
    • Any negative effects on your social life or interests and hobbies you may no longer be able to enjoy

    It's only after your clinical negligence solicitor has accepted your case on a no win no fee basis and begun negotiations with the responsible party that you'll have a rough idea of what the compensation amount may be.

    For more than years_since years, we've been helping people through medical negligence cases and we've built that experience into our handy medical negligence compensation calculator. By answering a few simple questions, you can generate an estimated amount of compensation.

    Compensation Calculator

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    Compensation Calculator

    We’ll calculate your compensation in a few minutes.

    It is important to note that our calculator acts as a rough guide. Unfortunately, answering the question “what is the average pay-out for medical negligence?” is extremely difficult. Each case will be assessed on its own set of circumstances. When you have the right medical claims solicitors working for you, they'll keep you updated every step of the way about how much compensation you could be awarded.

    Are there medical negligence solicitors near me?

    If you're still receiving medical care following the medical negligence you endured, you may be unable or reluctant to travel long distances to meet with clinical negligence solicitors. At National Accident Helpline, we understand how important your recovery is and would never make your claims process more difficult for you. 

    We have an extensive network of medical malpractice lawyers that we work with. Should you decide to make your claim through us, we will ensure we connect you with the right solicitors who deal with clinical negligence as close to your home as possible.

    We all put our absolute trust in medical professionals. When diagnosis, medication, treatment or a procedure goes wrong, the impact carries the risk of life-changing consequences.

    Whether it's physical injury, the aggravation of an existing condition, or the psychological trauma caused, making things right can feel intimidating.

    If you or a loved one has been injured due to the medical treatment you've received, we're here to help you get the compensation you deserve with a medical negligence claim. And, depending on the nature of your personal injury, your solicitor will put you in touch with the care and support services you need to make the best recovery possible.

    We're the UK's leading provider of personal injury advice, services and support, and have helped recover thousands of pounds in compensation for those who have suffered from medical negligence. Last year alone we helped over 13,000 people who suffered from medical negligence, from misdiagnosis or delay, to surgical complications, and medication errors.

    You can talk to us in absolute confidence, at your pace and in your way. It's likely that you'll have many questions, so contact us today on  for advice you can rely on.

    All our partner solicitor firms are registered with the Solicitors Regulation Authority (SRA), the independent governing body of The Law Society that regulates the professional conduct of personal injury solicitors in England and Wales. Our legal partners north of the border are regulated by the Law Society of Scotland.