If the treatment in question was provided in a hospital setting, the claim is not against the individual doctor or nurse, rather it will be brought against the NHS Trust responsible for the particular hospital.

Making a claim will mean that those involved in your care at the relevant time will be most likely be expected to provide witness evidence about what happened and assist the Trust with their own investigations. In addition, it may mean that the Trust determine the particular person or team requires some additional training.

If the treatment was provided by a GP, dentist or private doctor, the claim will be brought against that person individually. However, all healthcare professionals are expected to have relevant insurance in place to cover any potential claims in medical negligence and the insurers will therefore act on the person’s behalf.

Any disciplinary action will be separate to a medical negligence claim and will be dealt with by the Trust and/or the General Medical Council (GMC). Only the GMC has any powers to deal with potential restrictions on practice or striking off and this is something that must be pursued separate to a civil claim in medical negligence.