Here is everything you need to know about making a medical negligence claim. It may seem daunting to make a medical negligence claim, but with the right team in your corner, you can make a successful one.

Medical negligence is when the medical professional treating you gives you medical treatment below a standard any other doctor, nurse or pharmacist would provide in similar circumstances.

Every medical professional owes you a duty of care, and if they breach that duty of care, causing you an injury, you may have a medical negligence compensation claim.

You may suffer medical negligence at the GP clinic, when undergoing surgery or when the pharmacist gives you the wrong meds, but if you suffer from a breach of duty of care, you can have a claim for medical negligence.

The Medical Negligence Team No Win No Fee solicitors can look at your case and help make it a successful medical negligence claim.

Step by step guide to make a medical neglgience claim

Table of Content

What is a medical negligence claim?

A medical negligence claim is the legal process you take when you suffer an injury due to the breach of duty of care by a medical professional.

If an oncologist makes a misdiagnosis of cancer, the paramedic misses the signs of a heart attack, or the GP fails to refer for further tests, it may lead to a patient becoming very ill and even putting their life in danger.

If you experience any type of medical negligence, you can make a compensation claim for the effects on your life today and in the future.

NHS Resolution, the body tasked with dealing with medical negligence in the NHS, reported over 17,000 claims resolved in 2023, with a £2.64 billion spend on paying claims. More than 13,000 new claims for clinical negligence were made during the same period, with an increase of 45% in GP practice claims alone.

NHS pay out

Common types of medical negligence claims in the UK:

Medical negligence claims can be resolved quickly when the claim is made following the correct steps and with the right medical negligence solicitor fighting your corner.

How to make a successful medical negligence claim

To make a successful medical negligence claim, you need to show that you suffered due to negligence by the doctor, nurse, paramedic, pharmacist, or NHS Hospital.

If you suffered because of a missed diagnosis of cancer, you may have a medical negligence claim. 

When the radiologist made an avoidable error taking your X-ray and missed a fracture in the arm it may form a medical negligence compensation claim.

If the chemotherapy nurse gave you the wrong dose of your cancer treatment, it could be medical negligence.

When making a successful medical negligence claim, you go back to where the negligence happened and work with a medical negligence solicitor to form the compensation claim.

A Medical Negligence Team No Win No Fee solicitor has the experience and expertise to guide you through the steps to a successful medical negligence claim.

What are the steps to a successful medical negligence claim?

The steps to make a successful medical negligence claim go from seeking medical advice to issuing court proceedings. Medical negligence can affect you today and in the future. 

You will suffer the effects of medical negligence while recovering from the breach of duty of care by the medical professional and possibly live with the effects for life.

The steps are a part of any successful medical negligence compensation case, and settlement can happen at any stage in the process.

Your medical negligence solicitor will guide you through the steps for making a successful medical negligence claim.

making a medical negligence claim

Seek medical advice immediately on the effects of the medical negligence. You may be experiencing unnecessary suffering, and your health could be in danger from the medical negligence.

In some cases, the medical negligence could have happened in the past and may lead to further health concerns and danger to your life.

Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at the case, see where the problem lies, and advise if you have a claim for medical negligence.

The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim. 

When you or a loved one may have suffered medical negligence in the diagnosis and treatment of a condition, you should get all the money due for the medical negligence.

Your medical negligence solicitor obtains the medical records with your permission. By reading the medical records, they will confirm if they think you have a valid claim for medical negligence when in the care of the GP, paramedic, consultant, or NHS hospital.

The Medical Negligence Team will know from your medical records if the case will result in compensation being paid.

The medical negligence solicitor sending a letter of claim to the negligent party is the next step in the compensation claim. The letter will ask them to admit the medical negligence in what is known as ‘sending a letter of claim.’

When the negligent party receives the letter of claim, they have up to four months to provide a written response.

Getting a response from the negligent party’s insurer will move the compensation claim closer to a conclusion.

The insurer will either admit to the claim of medical negligence or say they intend to defend the case. Deciding to defend the claim is known as ‘deny liability’ in legal terms.

If they admit liability, your medical negligence claim can be valued, and the two parties will negotiate or meet to decide on the compensation payment. 

Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve for any suffering due to the medical negligence.

Issuing court proceedings is the next step if the guilty party denies liability in your claim for medical negligence.

Going to court happens, too, when they are not prepared to pay a fair amount for the damages you or your loved one suffered due to the medical negligence by the nurse, doctor, or NHS Hospital. 

Your medical negligence solicitor issues the court proceedings. 

Remember that less than 1% of medical negligence cases end up at trial.

How is medical negligence compensation calculated?

Medical negligence compensation is calculated by combining two types of damages. The two types of compensation damages due when claiming for any kind of medical negligence are: 

General Damages in a medical negligence claim are for PSLA, the pain, suffering, and loss of amenity.

You claim for the PSLA you have experienced due to a misdiagnosis of cancer, a missed diagnosis of nerve damage, poor obstetric care, or another form of medical negligence when being treated by a doctor, nurse, pharmacist or in a NHS Hospital.

  • Pain is that above what is generally expected for your condition, made worse by the medical negligence
  • Suffering is the inconvenience and changes to your life that cause you unnecessary discomfort when you experience medical negligence
  • Loss of Amenity is any difficulty you have in doing everyday tasks, such as walking, sitting, playing sports, and sleeping

Special Damages in a medical negligence claim can include any loss of earnings, future care costs, and out-of-pocket expenses. 

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future. 
  • Future care costs are for any care you will need as a result of the medical negligence, causing your condition to worsen.
  • Out-of-pocket expenses cover medical appointments, travel, accommodation, and meals.

Be sure to keep payslips, receipts, and proof of any losses you experience due to the medical negligence by the NHS Hospital, GP, consultant, and hospital doctor. 

You deserve compensation to cover all losses, including loss of life for dependents, medical costs, and long-term care needs. 

When you or a loved one experiences unnecessary suffering due to medical negligence by a doctor, nurse, or NHS hospital, you can claim medical negligence compensation.

You can claim compensation for any damages that occurred when you sue for medical negligence.

What can you claim for in medical negligence compensation?

You can claim compensation for medical negligence in amounts from the low £10,000s to over £10 million in some cases. 

Medical negligence by a paramedic, GP, nurse, NHS Hospital, or a consultant may be due to the pressure of their work or not giving you the necessary care. The negligence in your medical care could result from cutbacks and staff shortages, but any error can have many effects on you, and you can claim for those effects today and in the future.

The compensation awarded when you suffer medical negligence may be for the errors made during the birth of a baby, the misdiagnosis of a cancer or a simple mistake with your medications, which made you very ill. 

You can claim compensation for the effects of the misdiagnosis of cancer or the birth injury to your baby, and the amount of compensation depends on several factors, such as how much discomfort and disruption you experience in your life today and in the future. 

Claims sometimes see high awards, such as when the patient undergoes wrong site surgery or a cancer missed diagnosis sees the disease going beyond treatment.

Compensation for medical negligence can see awards of:

  • Pharmacy medical negligence claims from £33,000
  • NHS Hospital medical negligence claims from £40,000
  • GP medical negligence claims from £55,000
  • Maternity medical negligence claims from £95,000
  • Cancer medical negligence claims from £100,000
compensation claim calculator

(All amounts are approximate and are only a guide to what is possible in a medical negligence claim. Figures can be high in some claims as you or a loved one could need long-term care, and you may face medical bills for life due to any errors in the diagnosis and treatment of any medical condition.)

You may be able to claim for these care expenses and the medical costs in the future with a medical negligence compensation case.

In all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to the medical negligence by the A&E doctor, GP, Pharmacist, or NHS Hospital. 

A No Win No Fee medical negligence solicitor will be the one to advise you on a medical negligence claim. They will know from experience what your case may be worth and how to make a successful medical negligence compensation claim.

Can I make a medical negligence claim against the NHS?

Yes, you can make a medical negligence claim against the NHS. If you have suffered GP negligence, cancer negligence, surgical negligence, or any form of hospital negligence in the NHS, you may make a medical negligence claim.

In the UK we trust in the NHS. We use the NHS daily and are proud of the high level of care patients receive when in the care of the NHS.

Medical negligence happens, and when it happens to you, you can make a medical negligence compensation claim against those responsible. If the medical negligence occurred in a NHS hospital or GP surgery, you may make a claim against the NHS.

NHS Resolution is a government body established to handle cases of medical negligence in the NHS. You may bring a medical negligence case to NHS Resolution and seek compensation for the effects today and in the future.

A No Win No Fee medical negligence solicitor can look at your compensation claim and help deal with NHS Resolution.

How long do I have to make a claim for medical negligence?

You have three years to make a claim for medical negligence. All medical negligence claims are subject to limitation periods.

For example, in England and Wales, medical negligence cases must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the claim. 

If someone has passed away due to a breach of duty of care by a medical professional, it is the date of death if the limitation period has not expired by that time. 

Children not under a disability typically have until they reach 21 to start a medical negligence claim or court proceedings.

Persons with a disability, who lack capacity, are not subject to any limitation period.

Contact the Medical Negligence Team

Contact the Medical Negligence Team for expert advice and guidance with your claim for medical negligence compensation.

You could experience medical negligence in the NHS Hospital, when visiting a consultant or renewing your prescription at the pharmacy.

The Medical Negligence Team operate on a no win no fee basis. You will not have to pay any fees if you do not win a compensation claim.

We have a very high success rate and a reputation for a speedy and successful resolution to any medical negligence claims.

Our 100% Compensation Guarantee puts all the money you win into your pocket. 

Contact us at the Medical Negligence Team today, and let us help when making a negligence compensation claim.

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