Medical Mistakes: How to Claim for Healthcare Negligence
When healthcare goes wrong, the consequences can be devastating. Medical negligence claims (also called clinical negligence) are among the most complex personal injury cases. This guide explains how to recognise medical negligence and navigate the claims process in England and Wales.
What is medical negligence?
Medical negligence occurs when healthcare professionals provide substandard care that causes harm to patients. To succeed in a claim, you need to prove:
- The healthcare provider owed you a duty of care
- They breached that duty by providing care below the accepted standard
- This breach directly caused you injury or made an existing condition worse
- You suffered harm as a result
Types of medical negligence
Diagnosis issues
- Delayed diagnosis (missing symptoms or test results)
- Misdiagnosis (diagnosing the wrong condition)
- Complete failure to diagnose a condition
Treatment problems
- Surgical errors (wrong site surgery, retained instruments)
- Medication errors (wrong drug, incorrect dosage)
- Inappropriate treatment
- Negligent aftercare or follow-up
Consent and information
- Failure to adequately explain risks (lack of informed consent)
- Performing procedures you didn’t consent to
Specific areas of concern
- Pregnancy and birth injuries (to mother or baby)
- Cancer misdiagnosis or delayed treatment
- Anaesthesia errors
- Hospital-acquired infections
- Dental negligence
- GP negligence
- Mental health care failures
Time limits for bringing a claim
You must start your claim within:
- 3 years from when the negligence occurred, or
- 3 years from when you first knew (or could reasonably have known) that your injury might be due to medical negligence
Important exceptions:
- Children: claims can be made until their 21st birthday
- Mental capacity: no time limit if the injured person lacks capacity
- Fatal cases: 3 years from the date of death or knowledge that negligence caused death
Steps to making a medical negligence claim
- Seek appropriate medical care – Get treatment to address any immediate concerns.
- Document everything
- Keep a diary of symptoms and treatment
- Save all correspondence
- Request and review your medical records
- Keep receipts for related expenses
- Make a formal complaint – Use the NHS or provider’s complaints process to seek answers or an apology.
- Consult a specialist solicitor – Preferably a solicitor accredited in clinical negligence work.
- Funding your claim
- Legal aid (limited availability)
- No win, no fee agreements
- Legal expenses insurance
- Private funding
- Crowdfunding (rare)
- Initial investigation – Solicitor obtains medical records, takes a statement, and commissions a screening report.
- Expert evidence
- Expert in the relevant medical field (breach of duty)
- Causation expert
- Condition and prognosis experts
- The Letter of Claim – Sent to the healthcare provider, who must respond within 4 months.
- Negotiation and resolution – If liability is admitted, the claim is valued and settled. If denied, further review or court proceedings follow.
- Court proceedings – Issued if needed. Most cases settle before trial.
What can you claim for?
- General damages: Pain, suffering, loss of amenity, psychological harm
- Special damages: Medical and rehabilitation costs, lost earnings, care needs, adaptations, equipment, travel, etc.
NHS Resolution
Most NHS claims are handled by NHS Resolution, which encourages early resolution and learning from mistakes.
Realistic expectations
Medical negligence claims are complex and emotionally demanding. Poor outcomes do not always equal negligence. Reasonable care is expected, not perfect outcomes.
Alternatives to litigation
- Formal apology
- Complaints procedure
- Regulatory action
- Patient safety investigations
- Mediation
Disclaimer
This article provides general information about medical negligence claims in England and Wales as of April 2025. It is not legal advice, and laws can change. Your individual circumstances may affect how the law applies to your situation.
Need help with a medical negligence claim?
Find a clinical negligence lawyer on Advocate today.