Clinical negligence claims can feel daunting, especially when you are already dealing with the physical and emotional impact of an injury or loss. Many of our clients come to us unsure about where to start, what evidence they need or how long everything will take.
To help demystify the process, we have compiled the top questions clients ask about clinical negligence – along with clear, practical answers you can rely on.
1. What is clinical negligence?
Clinical negligence (also known as medical negligence) occurs when a healthcare professional or organisation provides care that falls below an acceptable standard, causing injury, worsening an existing condition or even death.
This can arise from a wide range of acts, or failures to act, for example:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication mistakes
- Poor maternity care
- Inadequate treatment or follow-up
If substandard care has caused you harm, you may have grounds to bring a claim for compensation.
2. Do I have a claim?
To succeed in a clinical negligence claim, you must prove two key elements:
- Breach of Duty
The treatment you received fell below the standard expected of a reasonably competent professional. The action(s), or omissions, must fall short of reasonably expected standards of a competent medical professional in that field.
- Causation
That this failure directly caused (or materially contributed to) your injury.
When clients first contact us about a potential claim, we review all of the information available to conduct an initial assessment of whether the legal tests are likely to be satisfied. We will then let you know whether we can accept your case.
If your case is accepted, we then conduct a thorough investigative process. We assess the case very carefully by reviewing the medical records and obtaining independent expert evidence from the relevant specialists.
3. How long do I have to bring a claim?
In most cases, you have three years from either:
- the date of the negligent treatment, or
- the date you first realised your injury may have resulted from negligent care, if later (known as the date of knowledge)
There are exceptions, including:
- Where the injured person is a child, the 3-year time limit starts on their 18th birthday
- Where a client lacks mental capacity there is no time limit unless capacity returns
- For cases involving death, the 3-year time limit runs from the date of death
Because time limits can be tricky, it is always best to seek advice as early as possible.
4. How long does a claim take?
This varies depending on the complexity of your case and the Defendant’s response. As a general guide:
- Straightforward cases may resolve in 18-24 months
- Complex cases may take 3 years or more
Much depends on the availability of medical experts and how the Defendant responds to the claim.
Our priority is progressing your claim efficiently while ensuring we fully investigate your injuries and future needs.
5. How much compensation will I receive?
Compensation is tailored to the impact the negligence has had on your life. It can cover:
- Pain, suffering and loss of amenity
- Past and future loss of earnings
- Rehabilitation and therapy
- Care needs
- Specialist equipment
- Adaptations to your home
- Travel expenses and medical costs
Every case is unique, and we aim to secure a settlement that fully supports your recovery and future wellbeing.
For cases involving the death of a loved one, compensation can also cover:
- Funeral expenses
- Statutory bereavement award (available to specific categories of relative)
- Loss of financial dependency
- Loss of services dependency
6. Will I have to go to court?
Many clients worry that making a clinical negligence claim means they will end up in a courtroom. In reality, there is a big difference between starting court proceedings and going all the way to a trial.
Most clinical negligence claims settle without going to trial.
Starting court proceedings, by formally issuing the claim with the Court, is a more common step and is often taken to protect the 3-year limitation period or to encourage the Defendant to engage in discussions to resolve the claim.
Once a claim is issued, the court sets a timetable for the exchange of different types of evidence and works towards a trial. The vast majority of claims resolve during this stage, often through negotiation or a form of dispute resolution (e.g., joint settlement meetings or mediation).
If court becomes necessary, we will guide you through every stage and ensure you feel fully prepared and supported.
7. How do I fund a clinical negligence claim?
We explain all funding options clearly before starting your claim so you can proceed with confidence.
The most common way of funding a clinical negligence claim is a No Win, No Fee (Conditional Fee Agreement).
Another common funding method is Legal Expenses Insurance (Before-the-Event insurance). Many people already have legal expenses insurance without realising it. This is often included as an add‑on to home or contents insurance, among other policies. If you have this cover, it may contribute to or fully fund your legal costs. We will check your policies at the outset to see if this option is available to you.
8. What evidence do I need?
We will advise on and take the lead when it comes to gathering the necessary evidence, but it always helps when clients can provide:
- A timeline of events
- Copies of relevant correspondence
- Photographs (if appropriate)
- Details of financial losses
- Names of hospitals, GP surgeries and clinicians involved
The more information we have early on, the better!
9. Will making a claim affect my treatment?
No, you have a right to bring a claim, and it should not negatively affect the care you receive. Many clients continue to receive treatment from the same provider, and healthcare professionals are trained to stay impartial. It is also worth knowing that your claim will be dealt with by the Defendant’s in-house legal team or nominated solicitor, and not by the doctors providing day to day treatment to patients.
Comment
Bringing a clinical negligence claim may feel overwhelming, but you do not need to navigate it alone. Asking questions is the first step toward understanding what has happened and what your options are.
If you believe you or a loved one has suffered due to negligent medical care, we are here to offer clear, compassionate advice and help you move forward.
How can we help?
Shrdha Kapoor is an Associate in our Medical Negligence team, which is ranked in Tier One by the independently researched publication, The Legal 500, and Commended in The Times Best Law Firms 2024. She specialises in medical negligence claims, delayed diagnosis claims, and surgical error claims.
If you have concerns about the care you received, please contact Shrdha or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form. We’re here to help you find answers and move forward.
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If this article relates to a specific case/cases, please note that the facts of this case/cases are correct at the time of writing.