1
Contact or call for free on 0333 358 3034
2
Talk through the details of your claim. Just so you know, we're FCA regulated.
3
Find out if you could claim & speak to a real person.
4
Secure the compensation you deserve
Clinical Negligence Claims
Updated July 2026
Clinical negligence claims are there to help anyone who’s been harmed because of medical treatment which was substandard. Essentially, when a medical professional in England and Wales fails to meet the standard of care you are entitled, the law gives you a right to seek compensation if that failure has resulted in harm. Unfortunately, such a failure may even have life-changing consequences and a clinical negligence claim can help you to regain control over what lies ahead.
Below provides important information on what exactly is deemed to be clinical negligence and how to get started on a claim for compensation if you are in this situation.
Clinical Negligence Is More Than a Mistake
Firstly, it’s important to realise that clinical negligence is not simply a mistake or a medical outcome you are unhappy with. It is defined by the NHS as, “If the treatment you received fell below a minimum standard of competence and you suffered an injury as a result and it is more likely than not that the injury could have been avoided or less severe with proper treatment, then you may be able to take legal action for compensation”.
In the UK, this applies to all regulated medical practitioners, including doctors, nurses, surgeons, dentists, midwives, physiotherapists, and other specialists.
The law recognises that medicine is complex and outcomes are never guaranteed, but it also requires professionals to act competently, safely, and responsibly. So, when they fail to do so, and you suffer as a result, you may be entitled to compensation.
What Is Criteria for Clinical Negligence?
To make a successful clinical negligence claim, you must be able to meet the following three criteria:
1. Duty of Care
Every healthcare professional owes you a duty of care the moment they accept responsibility for your treatment. This duty requires them to act with reasonable skill and competence.
2. Breach of Duty
You must show that the medical professional breached this duty by failing to meet the standard expected of their role. The courts generally use the Bolam Test, which looks at whether a responsible body of medical opinion would consider the treatment acceptable.
3. Causation
You must prove that the breach directly caused your injury, deterioration, or additional harm. This is known as causation, and it is often the most complex part of a claim. So basically, you must demonstrate that the harm would not have occurred if the correct standard of care had been provided.
Real‑World Examples of Clinical Negligence
Each and every clinical negligence claim is different. Here are some real‑world examples which show how breaches of duty can lead to avoidable harm:
Misdiagnosis or Delayed Diagnosis
A GP fails to recognise symptoms of meningitis, sending a patient home without urgent treatment. The delay leads to severe complications that could have been avoided with timely intervention.
A surgeon operates on the wrong part of the body or leaves a foreign object inside a patient. These incidents may cause unnecessary pain, further surgery, and long‑term complications. They are commonly known as ‘Never Ever’ events in the NHS.
A nurse administers the wrong dosage of medication, causing an adverse reaction or worsening a condition. Medication errors are among the most common forms of clinical negligence.
A midwife fails to monitor foetal distress, resulting in oxygen deprivation and long‑term disability. Birth injury claims may often involve significant lifelong harm.
Negligent Aftercare
A hospital discharges a patient too early or fails to provide proper follow‑up care, leading to infection, deterioration, or avoidable readmission.
How to Make a Personal Injury Claim for Clinical Negligence
Making a clinical negligence claim involves several clear steps. Acting quickly and gathering the relevant evidence can considerably strengthen your claim. Here’s what you need to to:
1. Seek Medical Attention
Get appropriate treatment to address the harm caused. This also creates medical records which will support your claim if something has gone wrong.
2. Gather Evidence
Collecting your medical records is important as it will form the backbone for your case, including the following:
- Medical records
- Appointment notes
- Prescriptions
- Photographs of injuries
- Any emails/written correspondence with healthcare providers
3. Obtain an Independent Medical Assessment
An independent medical expert will assess your condition and provide a report which will details how the negligence affected you. This is essential for proving causation and calculating compensation.
4. Work With a Specialist Clinical Negligence Solicitor
Clinical negligence is legally complex, so working with a solicitor who specialises in this area ensures your case is handled correctly. They will:
- Review your evidence
- Identify breaches of duty
- Obtain expert opinions
- Calculate your damages
- Manage negotiations with the NHS or private healthcare provider
5. Submit the Claim
Your solicitor will formally submit your claim to the responsible organisation. Most claims are settled through negotiation, but some may proceed to court if liability is disputed.
6. Receive Compensation
If your claim succeeds, you will typically receive compensation for:
- Pain and suffering
- Loss of earnings
- Future care needs
- Medical expenses
- Adaptations to your home or lifestyle
FAQs About Clinical Negligence Claims
What is the time limit for making a clinical negligence claim?
You generally have three years from the date of the negligence or the date you became aware of the harm. However for children, the three‑year limit only begins on their 18th birthday.
Can I claim against the NHS?
Yes. NHS Trusts handle clinical negligence claims through NHS Resolution. Claims against private healthcare providers follow a similar process.
Do I need to go to court?
Most claims settle without going to court. Your solicitor may only advise proceeding to trial if liability or compensation is disputed and negotiations are unsuccessful.
How long does a clinical negligence claim take?
Simple claims may resolve within 12–18 months. Complex cases involving severe injury or multiple experts can take longer.
Will making a claim affect my future medical care?
No. You have the right to safe treatment, and making a claim does not impact your access to healthcare.
How We Can Help
We partner with clinical negligence lawyers who operate on a No Win, No Fee basis, which means no upfront costs for you to worry about. They also offer a free, initial consultation to assess whether you have a valid claim.
To discuss your potential claim in confidence, contact our team on 0333 358 3034 or complete our online contact form.
About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.
Written by Tanya Waterworth, Digital Content Writer