Medical Negligence — 14 Frequently Asked Questions
A medical negligence claim requires showing that a healthcare professional's treatment fell below the standard reasonably expected of a competent practitioner, and that this failure caused you harm. This covers the NHS and private treatment alike, and includes misdiagnosis, surgical error, birth injuries, and a failure to obtain informed consent to a procedure.
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What counts as medical negligence?
It's when a healthcare professional's treatment falls below the standard reasonably expected of a competent practitioner in their field, and that failure causes you harm you wouldn't otherwise have suffered.
Can I claim against the NHS?
Yes — NHS Resolution handles claims against NHS bodies in England, and an equivalent scheme covers Wales. The process is broadly similar to claiming against a private provider, though it can take longer given the volume of claims.
What is the difference between a bad outcome and negligence?
Medicine involves inherent risk, and a poor outcome alone isn't negligence — a claim requires showing the care itself fell below a reasonable standard, not just that the result was disappointing.
What is a misdiagnosis claim?
This is where a condition was missed, wrongly identified, or diagnosed too late, and that delay or error caused you harm — for example, a cancer that could have been treated more successfully if caught earlier.
Can I claim for a surgical error?
Yes, if a surgeon or surgical team's actions fell below the standard expected — for example, operating on the wrong site, leaving instruments inside a patient, or causing avoidable damage to organs or nerves.
How is medical negligence proved?
It almost always requires independent expert medical evidence confirming that the care fell below a reasonable standard (breach of duty) and that this breach caused the harm complained of (causation) — both elements need to be established.
Can I claim if I wasn't properly informed about the risks of a procedure?
Yes — this is called a lack of informed consent. Doctors must tell patients about material risks of a procedure and reasonable alternatives; if they don't, and you'd have chosen differently had you known, you may have a claim.
What is the time limit for medical negligence claims?
Generally three years from either the date of the negligent treatment or your "date of knowledge" — when you first realised (or reasonably should have realised) that your injury was linked to substandard care, which can be later than the treatment itself.
Can I claim for birth injuries?
Yes — claims involving negligent care during pregnancy, labour, or delivery that caused injury to mother or baby are among the most significant medical negligence claims, often involving lifelong care needs and correspondingly substantial compensation.
What if the negligence happened years ago?
You may still be able to claim if it's within three years of your "date of knowledge" rather than the treatment date, or if the claim involves a child (whose time limit doesn't start running until they turn 18).
Can I claim against a dentist or private clinic?
Yes — negligence claims apply to private healthcare and dental treatment in the same way as the NHS, though you'd typically claim against the practitioner's own indemnity insurer rather than NHS Resolution.
What is a Letter of Claim in a medical negligence case?
It's a formal letter setting out the allegations of negligence and the harm caused, sent to the healthcare provider before court proceedings, giving them the chance to investigate and respond — a required step under the relevant Pre-Action Protocol.
Do I need my medical records to make a claim?
Yes, and you're entitled to request them. Your solicitor will typically obtain your full medical records and instruct an independent expert to review them as part of building the claim.
Can I get an interim payment before my claim settles?
Yes, if liability is accepted or highly likely, courts can order interim payments to cover urgent needs — such as care costs or lost income — before the final settlement is agreed, which can take considerable time in complex cases.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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