What is medical negligence?

Medical negligence occurs when an action or inaction by a healthcare professional causes harm or loss either directly, or where there is a material contribution of the action or inaction to harm or loss.

How do I claim for medical negligence?

Call us on 0161 207 2020, request a call back from the Medical Negligence Team, or start your claim online using our dedicated enquiry form.

Is there a time limit for starting a medical negligence claim?

Medical negligence claims must be issued within three years of the negligent treatment, or within three years of you knowing of the potential negligent treatment. Exceptions apply to children and adults with mental difficulties. We recommend that you contact our team of medical negligence solicitors as soon as possible to talk through your options.

How much will it cost to make a claim?

We offer a no win, no fee service, so you can pursue your case with peace of mind.

If your medical negligence claim is successful then your opponents will usually pay the majority of your legal costs, in addition to the compensation due to you.

Any compensation for things you will need in the future will be paid to you in full. From the other compensation for other losses, you will need to make a contribution to legal costs of up to 25%. We may also advise you to take out an after the event (ATE) insurance policy to ensure you are fully protected against the possibility of paying legal costs and the cost of this will also come from your compensation. We do not ask for any up front payments.

How long will a medical negligence claim take?

Most medical negligence claims take around 12 -18 months to be investigated, then a further 9 months or more to reach a settlement. However, the time frame will also depend on the circumstances and complexity of your medical negligence claim.

What do I need to prove to win my compensation claim?

You need to prove that:

  1. The standard of care fell below the standard expected of a reasonably competent medical practitioner; AND
  2. The substandard care resulted in direct harm or materially contributed to injury and loss.

It is not enough to prove that care has been negligent if, thankfully, no harm has come of it.

Who can I claim against?

You can make a claim against any healthcare provider who has provided negligent diagnosis, care or treatment.

This includes:

  • NHS
  • private healthcare providers
  • GPs
  • nurses
  • dentists
  • physiotherapists
  • mental health care providers
  • opticians
  • ambulance service
  • beauty therapists.
Who will deal with my medical negligence claim?

In theory, you can choose any practising solicitor to handle a claim. However, we have expertise and experience in medical negligence claims. Read more about why you should choose us.

Will pursuing a claim affect my future medical care?

Neither your GP nor the hospitals are able to refuse to treat you simply because you have brought a claim against them.

In reality you may feel more comfortable in seeking an alternative health care professional.

In the case of a GP, you can simply change practice or request to see a different doctor within the same practice. At a hospital you can ask to be treated by a different doctor or ask to be referred elsewhere.

Will I have to give evidence in court?

The vast majority of claims do not get as far as a trial. If we obtain evidence from independent doctors in support of your claim it is overwhelmingly likely that your claim will settle. In most cases an out of court settlement is reached through negotiations by our experienced medical negligence solicitors and medical negligence compensation is paid prior to going to court.

Can I complain to the NHS and my GP about my medical treatment?

To complain about a GP you must write to the practice manager and to complain about a hospital you must write to the complaints manager or the Patient Advisory Liaison Service (PALS). Making a complaint is useful if your concerns are about procedures or behaviour that you want put right, or you want an apology for the way you have been treated.

What if I just want an explanation and an apology?

The NHS has a complaints procedure which can be used to try to get an explanation about what went wrong, and possibly an apology. If you want to pursue this course of action we are still able to help you. Contact us on 0161 207 2020 to discuss your circumstances and we will be happy to advise you.

Can I claim on behalf of someone else?

In the vast majority of cases a person injured in an accident caused by someone else’s negligence will be the one making a claim for medical negligence compensation. However there are certain exceptions:

  • claiming on behalf of your child who is under the age of 18
  • claiming on behalf of a deceased individual
  • claiming on behalf of an incapacitated individual.
Can you help me with rehabilitation and support?

We can help you overcome difficulties by discussing strategies for your long term future. Your medical negligence compensation includes consideration of rehabilitation for your range of needs and support. We can help you access quality rehabilitation providers to make sure you recover quickly.

For further information please call our Medical Negligence Team on 0161 207 2020 or request a callback using our dedicated online form. .

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