Medical negligence can happen at the time of diagnosis, or during treatment, surgery or aftercare. There are many types of medical negligence. Some examples are:

Misdiagnosis

Medical professionals sometimes incorrectly diagnose a condition, which can lead to further injury, deterioration and/or psychological stress.

Failure or delay in treatment

Delays in treatment or operations may have worsened your condition or injury. The British Medical Association reports that the NHS Referral to Treatment figures for August 2024 showed that the waiting list stood at 7.64 million cases, consisting of approximately 6.33 million individual patients waiting for treatment. Research by Healthwatch reports that 66% of people whose NHS care had been cancelled said that it had impacted their lives. They reported issues such as ongoing pain, worsening mental health, worsening symptoms and disrupted sleep.

Surgical errors

Surgical errors are mistakes that can be avoided, and that can occur during any type of surgical procedure. They can range from minor mistakes to serious incidents that could lead to further injury or ultimately, death. This type of medical negligence is often referred to as a ‘never event' because it should not have happened during surgery.

Pregnancy and birth injuries

Injuries or trauma during pregnancy or birth may be caused by medical negligence. This can lead to injury to the mother (e.g. post-natal infections, bladder and bowel injuries or pre-eclampsia) or the child (e.g. cerebral palsy, brain injuries, muscular injuries or fractures).

Incorrect medication or anaesthesia

The World Health Organization refers to a medication error as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health-care professional, patient or consumer”. Inaccurate or incomplete medication for an injury or illness can cause your condition to get worse, as well as having physical or psychological effects. In the worst cases, this type of medical negligence can be fatal.

Medical negligence can have serious and often life-changing consequences. If you've experienced avoidable harm due to medical negligence, we can help. We know how important it is to make it right when something has gone wrong. Call our expert advisors for a confidential chat on .

A healthcare accident is any avoidable mistake or omission in a medical treatment or procedure that causes harm to the patient. Medical negligence can happen in all manner of healthcare settings including the NHS and privately. There are different types of medical negligence such as:

• GP surgery and hospital negligence
• Misdiagnosis and misprescription negligence
• Surgical negligence
• Birth injury negligence and gynaecological treatment error
• Cancer negligence
• Fatal negligence
• Avoidable scarring and disfigurement negligence
• Mental health care and psychiatric negligence
• Allergic reaction negligence
• Physiotherapy negligence
• Dental negligence
• Optician and optometry negligence
• Care home negligence
• Cosmetic surgery negligence in an NHS or private hospital
• Beauty treatment negligence by a specialist salon

This isn't an exhaustive list so don't worry if your experience isn't highlighted here. We'll still be able to advise you, so call us for a free, no-obligation chat on .

For more details, visit our medical negligence claims page.

Medical negligence claims can be complicated and often take a while to finalise. Your medical negligence legal team will give you their view of how your claim might proceed after they've investigated it in detail.

The medical negligence claims process may seem complex, but you don't need to worry. Our panel of medical negligence solicitors will do the work so that you can focus on your recovery. Your legal team will ask for your help when they need it, but otherwise they'll just get on with the job.

The 4Ds of medical negligence

Your medical negligence solicitor will consider the 4 Ds of medical negligence which must be established for your claim to succeed. They are:

• Duty
• Dereliction
• Direct cause
• Damages

We outline what they are and what they mean below:

Duty

Your medical negligence lawyer must demonstrate that a patient-to-medical professional, or patient-to healthcare provider relationship existed. Establishing this confirms that they owed a duty of care to look after you for the duration of your treatment.

If you've been harmed by their action or inaction, they have breached that duty and can therefore be liable. Evidence of duty may just be medical records that confirm they were treating you.

Dereliction

In negligence, dereliction means the failure to fulfil a duty of care, or a deviation from an acceptable standard of care. Dereliction (or ‘deviation') occurs when a medical practitioner's deliberate or accidental failure to follow care standards set by the profession causes harm to the patient. This could be where:

• a patient develops an infection or complication due to an unhygienic working environment;
• unauthorised procedures are performed;
• a patient is neglected; or
• the wrong medication is prescribed.

Direct cause

‘Direct cause' or causation is a specific action or inaction by a medical professional that directly caused the harm to a patient in their care. Examples include:

• operating on the wrong patient or body part;
• misdiagnosis;
• misprescription of medication;
• leaving a medical item inside a patient after surgery; or
• causing avoidable scarring or disfigurement.

Damages

Damages are monetary compensation awarded for any injuries or losses you have experienced due to medical negligence. They represent the physical, psychological and financial impacts that the direct cause of the harm, has had your life.

There are two types of damages. General damages compensate for pain, suffering and loss of amenity. Special damages compensate for financial losses and expenses.

General damages are calculated by your medical negligence solicitor, based on the Judicial College's ‘Guidance for the Assessment of General Damages in Personal Injury Cases' (15^th Edition). They are supported by evidence such as medical records, prescription records, expert witness testimonies and the cost of treatment.

If you decide to make a claim, we will guide you through the process, step-by-step.

To start your claim, simply contact our helpline for a free consultation. We'll take some details about your accident and answer any questions you may have. 

You may initially decide to make a complaint to the medical provider (NHS or private), but you don't have to in order to claim. Making a complaint can often help you to get more information, but it won't affect your rights or ability to make a medical negligence claim if you don't.

Consultation

During your free consultation, if you're eligible for a no win no fee medical negligence compensation claim, your advisor will connect you with one of our specialist partner solicitors who will explain the process and next steps.

If you decide to proceed, your legal team handles everything from gathering evidence to negotiating compensation, leaving you free to focus on your recovery. 

Private healthcare medical negligence claims

In private sector healthcare, medical negligence claims are different. The General Medical Council (GMC) requires all medical professionals to carry their own professional indemnity (PI) insurance. This is because a private medical negligence claim is typically made against the individual medical professional(s) and their PI insurer.

It's important to understand this distinction, compared to NHS medical negligence claims, as it means that private medical negligence claims can take longer to process. They're also more likely to go to court.

You don't need to worry though, your specialist medical negligence lawyer will explain everything to you at the beginning.

If you've been harmed or injured because of medical negligence, making a claim can help:

• support you financially
• highlight bad practices and negligent behaviour, helping to prevent the same thing happening to someone else; and
• ensure you get justice for something that wasn't your fault.

At worst, medical negligence can be life-changing or fatal. It's important that you do what you can to put things right.

How medical negligence affects others

Medical negligence often doesn't just affect you. It can turn your family's life upside down too: emotionally and financially.

A successful medical negligence claim can help to secure your future. In some cases you can also get interim payments before your final settlement, to improve your situation in the short-term.

If you or a loved one suffered from medical negligence, it's important to know that you generally have 3 years from the date of the incident or diagnosis to make a compensation claim. This period is often referred to as the limitation period and refers to the time by which you must either settle your claim or start court proceedings. It's best to claim as soon as possible so your memory is fresh, and evidence is recent and easier to gather.  

You can claim compensation for most accidents that happened to you up to 3 years ago but in some cases, this time frame could be longer or shorter:

• Claims on Behalf of Children: You can claim at any point before the child's 18th birthday. After turning 18, they have until age 21 to make their own claim.
• Mental Capacity: There are no time limits for claims made on behalf of someone who cannot manage their own case. This has to be assessed on a case-by-case basis and means more than requires assistance. Should the claimant regain capacity at any time after the accident, however briefly, the usual 3 years will start from that date.
• Fatal Claims: If you're making a claim on behalf of a loved one, you have three years from the date of their passing, or from the date it was discovered an accident or illness was the cause.

Even if you think you may be nearing the time limit, give us a call on as we may still be able to help you - it's best to check.

Medical negligence claims can be complicated and can take a couple of years or more to settle. They require detailed investigation and a clear burden of proof for the Four Ds (duty, dereliction, direct cause and damages).

Medical negligence claims are all different. Generally, the more complex it is, the longer it will take. Also, if the other side admits liability early, this will speed things up.

Medical negligence claims made against the NHS claims tend to settle faster than those involving private health care providers. This is because of differences in how they operate their

employer's liability and professional indemnity insurances.

Yes! Our no win, no fee service takes some of the financial risks out of claiming so you won't pay unless your claim is successful.

• Low risk - only pay if your claim succeeds.
• No upfront costs - an insurance policy covers expenses like court fees and medical reports.
• No win, no fee - if your claim doesn't win and you stick to the agreement's terms, you won't pay a thing.

It's only in very rare circumstances that one of our partner medical negligence solicitors will be unable to work on no win no fee terms. If they can't, they'll tell you straight away and explain your options so you can make a decision from there.

In a no win no fee claim, you pay your medical negligence solicitor from the compensation if your claim is successful.

When you make a medical negligence claim, your compensation is designed to cover more than just the immediate effects of your injury. It takes into account both the impact on your everyday life and any financial losses you've experienced or will likely encounter as a result of your injury.

1. Compensation for your suffering:
   First, you can be compensated for the pain, discomfort, and emotional distress caused by your injury. This might include ongoing physical symptoms or the ways your injury has affected your lifestyle, such as not being able to enjoy hobbies or activities as you did before. The more severe and long-lasting the effects, the higher this part of the compensation is likely to be. This part of your compensation is known as ‘general damages'.
2. Compensation for financial losses:
   Next, any out-of-pocket costs related to your injury can be claimed. This might include medical treatment, prescriptions, and travel expenses for doctor's appointments. If your injury has stopped you from working, any lost earnings can also be included, along with potential future earnings if you're unable to return to work or need ongoing support. If you need long-term care or adaptations to your home, those costs are projected and factored in too. These are referred to as ‘special damages.

Your medical negligence lawyer will work with you to gather all the necessary evidence, such as receipts and pay slips, to make sure every loss is considered and give them a better idea of what the claim will be worth. Find out more about damages on our medical negligence claims page.

For a rough idea of what your claim may be worth, try our medical negligence calculator. Alternatively, call us on to find out more.

It's always the other side's insurance company that pays your compensation settlement, not the individual or institution/company.

The NHS has its own acting insurer called NHS Resolution, and all NHS Trusts pay an annual premium that covers medical negligence payouts. So, your NHS negligence claim won't harm the overall NHS service.

With a private medical provider, it's also their insurer that pays, so they'll never be presented with a bill that they can't afford to pay.

You can claim on your child's behalf as a ‘litigation friend' before they turn 18 as children under the age of 18 cannot legally make a claim on their own. A litigation friend manages the claim process and makes legal decisions that are in the child's best interests. You can start the claim any time before the child turns 18, and once they reach 18, they will have until their 21st birthday to pursue the claim themselves if it hasn't already been resolved.

Until they are 18, we'll work closely with you to ensure your child's needs are fully represented, and that the process is clear and manageable.

As a litigation friend, your role is to guide and support your loved one through the claim process stages and act on their behalf. In some cases, the person you're assisting will need to be present for key steps in the claim process, such as medical assessments. They must participate in the claim wherever possible, and your responsibility is to ensure their input is included, their voice is heard, and instructions are made accordingly.

While it can seem daunting to claim on behalf of someone else, your legal team will be with you every step of the way, helping you understand your role and making sure the claim progresses smoothly. We'll provide clear guidance on how to manage the process and ensure that both you and the person you're assisting feel supported throughout.

If you're helping someone start a claim, whether supporting them during their phone consultation or helping them communicate, it's important to understand that the person you're helping must be able to provide us with consent for you to assist.

The claimant will still need to be fully involved in the claim as much as possible and they will be solely responsible for providing all instructions.  If you need some help on this, give us a call on for a confidential chat.

No it won't. It's against the law for any hospital, GP or medical practitioner to refuse treatment because you made either a claim or a complaint. If you decide that you'd prefer to be treated elsewhere or by another healthcare professional then that's your right too. All you need to do is request a transfer to another hospital or a referral to another doctor.

The majority of cases will not require the claimant to attend court. NHS Resolution reports that a record 81% of claims in England were resolved in 2023/24 without resorting to legal proceedings. This means that over 10,800 claims were resolved for patients and their families through dispute resolution processes rather than formal legal processes.