MEDICAL NEGLIGENCE

Medical Negligence Claims

How medical negligence claims differ from other personal injury claims, and what you'll need to bring one.

Medical Negligence Claims

Medical negligence (sometimes called clinical negligence) claims arise when a healthcare professional's care falls below an acceptable standard and causes harm. These claims are generally more complex than other personal injury cases, because they require showing both that the care was substandard and that it caused the specific harm you're claiming for.

The two things you need to show

A successful claim usually needs to establish "breach of duty" (that the care fell below what a reasonably competent professional would have provided) and "causation" (that this specific failure caused the injury or made it worse, rather than the harm being an unavoidable risk of the underlying condition). Both points are normally assessed using independent expert medical opinion, not just your own account.

Common types of claim

These include delayed or missed diagnosis, surgical errors, birth injuries, medication errors, and failures to obtain informed consent before a procedure. Each type tends to involve different specialists and evidence, so a solicitor experienced in the relevant area matters.

Time limits

As with other personal injury claims, the general limit is three years, usually from the date of the negligent treatment or from when you first reasonably knew the harm might be linked to it. Cases involving children or claims against the NHS can have particular complexities, so it's worth getting advice on your specific timeline promptly rather than assuming.

What the process usually involves

Expect an initial review of your medical records, followed by an independent expert opinion before a claim is formally pursued. This groundwork takes time and is normal — a solicitor rushing to file without this step, or promising a result before reviewing your records, is a warning sign rather than a reassurance.

Before you decide

This page explains how this area of law generally works and is not legal advice on your specific situation. Outcomes depend on individual circumstances — always consult a solicitor regulated by the SRA for advice on your own case.

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