Medical Negligence Advice Hub

What is the time limit for making a medical negligence claim?

The time limit is three years from the date on which you became aware of the medical negligence incident to start court proceedings or settle your claim. For example, if you only found out about the negligence two months after an operation, the time limit would start from then.

What are the stages of a medical negligence claim?

The medical negligence claims process can vary depending on your case, including the type of injury or illness, how serious it is, and whether the healthcare provider accepts responsibility. However, every claim starts in a similar way. You'll first be connected with a specialist solicitor, who'll assess your case, gather evidence, arrange any necessary medical assessments and guide you through each stage of the claim.

If you'd like to learn more about each step, read our guide to the personal injury claims process

How long does a medical negligence claim take?

There is no fixed timeframe for a medical negligence claim. Some straightforward claims may be settled within a year, while more multifaceted cases can take several. How long it takes depends on factors such as:

• How complex your case is
• How serious your injury or illness is
• Whether the healthcare provider accepts responsibility
• Whether your claim is against the NHS or a private healthcare provider

Medical negligence claims often take longer than other types of compensation claims because it's necessary to prove that a healthcare professional breached their duty of care and that this directly caused your injury or illness. Once your medical negligence solicitor has reviewed your case, they'll be able to give you a better idea of how long your claim is likely to take.

Can I claim on behalf of someone else? 

In some medical negligence claims, you may be able to claim on behalf of someone else. This is known as acting as a litigation friend. A litigation friend makes decisions about the claim for someone who can't manage it themselves. Different time limits apply depending on who the claim is being made for. See our full guide on who can be a litigation friend.

How is medical negligence compensation calculated?

Wondering how much compensation you could receive? The amount of compensation awarded for a medical negligence claim depends on factors such as the severity of your injury, how it has affected your daily life and any financial losses you've experienced, such as lost earnings or the cost of ongoing care.

Visit our personal injury compensation guide to learn how compensation is calculated and explore typical payout guidelines. You can also use our compensation calculator below to get an estimate of what your medical negligence claim could be worth in just a few minutes.