Medical Negligence Claims

Medical negligence (also called clinical negligence) occurs when a healthcare professional — a doctor, nurse, surgeon, dentist, or other clinician — fails to provide the standard of care that a responsible body of medical opinion would consider acceptable, and that failure causes you harm.

Eligibility

A medical negligence claim requires proof of: (1) a duty of care (which healthcare providers automatically owe their patients), (2) a breach of that duty — treatment fell below the standard of a reasonably competent practitioner in that specialty — and (3) causation: the breach caused an injury or worsened your condition beyond what would have occurred with proper treatment. Medical negligence claims are complex and require independent expert evidence.

Indicative compensation ranges

General damages in medical negligence cases span an enormous range depending on the nature of the harm. The figures below are indicative only — medical negligence cases are highly fact-specific and expert opinion is essential.

Severity / type	Range (general damages)	Characteristics
Psychiatric / psychological harm: moderate	£6,400 – £21,730	Significant anxiety, depression; prognosis good with treatment
Scarring: significant facial	£17,960 – £48,420	Noticeable scarring causing psychological impact
Loss of fertility (female)	£113,100 – £150,110	Total loss of ability to have children
Brain damage: moderate to severe	£219,070 – £379,100	Significant intellectual, cognitive, or physical deficit
Tetraplegia (quadriplegia)	£324,600 – £493,000	Complete paralysis of all four limbs

Time limits

The limitation period for medical negligence claims is 3 years from the date of the negligent act, OR 3 years from the date of knowledge — whichever is later. "Date of knowledge" means when you first knew (or should reasonably have known) that you had suffered a significant injury attributable to the healthcare provider's act or omission. For children, time runs from their 18th birthday.

The claims process

Obtain your medical records (you have the right to request these under UK GDPR)
Your solicitor instructs an independent medical expert to review your records and assess whether treatment was substandard
If the expert supports a breach, your solicitor sends a Letter of Claim to the defendant
The defendant (or their insurer, often NHS Resolution) has 4 months to investigate and respond
Expert evidence on causation and quantum (value) is exchanged
Most clinical negligence claims settle without trial, but the process is typically longer than other personal injury claims

Frequently asked questions

Is a bad outcome the same as negligence?

No. Medicine involves risk and not all bad outcomes are the result of negligence. Negligence requires that the standard of care fell below what a responsible body of medical opinion would consider acceptable. Your solicitor and expert will assess this.

Can I claim against the NHS?

Yes. NHS Resolution handles clinical negligence claims on behalf of NHS trusts. The process is the same as for private healthcare providers, though NHS claims are often defended vigorously and can take longer to resolve.

How long do medical negligence claims take?

Medical negligence claims are typically more complex than other personal injury claims. Straightforward cases may resolve in 18–24 months; complex cases — particularly those involving serious harm or disputed causation — can take 3–5 years or longer.

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