When something goes wrong with medical care, the explanation comes with a lot of confusing medical terminology, and the reality involves potentially life-changing injuries. You may be left with questions about what went wrong, how it happened and what you can do next.
Most people have heard the term “medical negligence”, but if you have never experienced it, it’s difficult to appreciate what it means, and how a claim will work. The process can seem complex and daunting, especially if you are already dealing with the effects of injury or loss.
This guide aims to give you a clearer understanding so that you can decide what feels right for you and your family.
What is medical negligence?
Medical negligence (also called clinical negligence) happens when medical care falls below an acceptable standard and harms instead of helps as a result.
In legal terms, two key elements usually need to be present:
- A duty of care – all healthcare professionals owe patients a duty to provide safe and appropriate treatment
- Causation – the poor care provided caused injury or made an existing condition worse
It is important to understand that a poor outcome does not automatically mean negligence. Treatment can sometimes go wrong even when proper care is given, and that’s why we offer a free initial consultation – if we don’t believe anything else could have been done, we’ll be honest and upfront about that with you.
Examples of medical negligence
If a patient receives the wrong medication and suffers complications, this may be negligent if it falls below accepted standards. We recently acted for a client who was sent another patient’s medication by mistake, for example.
Alternatively, if a patient experiences a known risk of surgery (which will have been discussed with you beforehand and should also be covered in provided documents), despite appropriate care, this may not be negligence. All surgery has risk, and while it is the duty of your treating clinicians to keep this risk as low as possible, they cannot reduce it to a zero percent chance.
Understanding what went wrong during medical treatment
Before starting a legal claim, many people find themselves looking for answers about what went wrong for them or their loved one.
The NHS encourages patients to raise concerns using its complaints process. This can help you understand what happened and may provide explanations or apologies which mean you don’t want to progress to making a claim for negligence. We recommend that most potential clients complain before taking any legal action as it can also make the claim process simpler if the doctor, hospital or clinic admits making a negligent mistake.
To make a complaint about NHS treatment you can:
- Speak to the hospital or GP directly
- Contact the Patient Advice and Liaison Service (PALS)
- Make a formal complaint
If you remain unhappy after the NHS response, you can take your complaint to the Parliamentary and Health Service Ombudsman, which independently reviews complaints about NHS services.
However, the complaints process does not award compensation. Its purpose is to investigate concerns and improve services, so families who are struggling to due to costs relating to medical care and rehabilitation for an injured person will need to consider making a claim to access the funds they need.
Seeking legal advice after medical negligence
If you believe negligent treatment may have caused harm, you may wish to speak to a solicitor. Not all law firms and solicitors specialise in medical negligence, and it is an area of law that needs specific, expert knowledge. You can look for firms whose lawyers have been accredited by the AvMA or Law Society Clinical Negligence Accreditation schemes to make sure they know medical negligence law well.
Solicitors will usually listen to your account of what happened, consider your initial information, and eventually advise whether there may be a potential claim
At this stage, no formal legal action is taken. It is simply about understanding whether your concerns meet the legal criteria (the two key elements above).
Using medical records to investigate your claim
If your claim is investigated, the next step is to gather evidence.
This usually involves obtaining your medical records. These records help build a timeline of what happened and identify any potential issues in your care.
Independent medical evidence review
In most cases, an independent medical expert will review the records.
Their role is to answer key questions such as:
- Was the treatment reasonable?
- Did it fall below acceptable standards?
- Did this cause harm?
This independent opinion is essential. A claim cannot normally proceed without expert evidence supporting it.
What is the Letter of Claim?
If there is sufficient evidence, your solicitor may prepare a Letter of Claim.
This is a formal document sent to the healthcare provider (or their legal representatives). It sets out:
- What went wrong
- Why it is believed to be negligent
- How the injury was caused
The healthcare provider then has time to investigate and respond.
This exchange forms part of the Pre‑Action Protocol, which is a process that encourages both sides to share information and try to resolve the case early, instead of going to court. [justice.gov.uk]
Defendants then send a Letter of Response
The organisation receiving the claim will send a Letter of Response.
They may:
- Admit the claim in full
- Admit part of the claim
- Deny the claim
If liability is admitted, the focus may move towards compensation and resolving the case.
If the claim is denied, further investigation or negotiation may be needed. It’s not the end of a claim, as many defendants have denied a case at first but admitted it later.
Medical negligence cases often settle before going to court
Often claims are resolved without going to court, especially in medical negligence.
The legal process encourages both sides to try to reach an agreement where possible. This helps avoid unnecessary delay, and cost.
However, if agreement cannot be reached, court proceedings may be issued. Even then, many cases still settle before reaching a final hearing.
Medical negligence claim time limits
There are strict time limits for bringing a medical negligence claim – this is called “limitation”.
In most cases you have three years to start court proceedings, and this runs from the date of the incident or the date you first became aware something may have gone wrong.
Exceptions to the medical negligence claim time limit
For children, the three‑year period usually starts at age 18, usually meaning they have until their 21st birthday to issue court proceedings.
For those lacking mental capacity (for example, someone who suffered a severe brain injury due to the negligent treatment), time limits may not apply in the same way, meaning the three-year limitation does not apply. In these cases a Litigation Friend (family members, carer, court appointed deputy) can be appointed to manage the process and bring a claim.
It is often sensible to seek advice as early as possible.
More medical negligence examples
Example 1: Delayed Diagnosis
A patient visits their GP several times with symptoms that are not investigated. Their condition is eventually diagnosed much later, leading to a more serious illness than if it had been investigated during their first few GP visits.
A claim may arise if:
- The symptoms should reasonably have been investigated earlier.
- Earlier treatment would likely have led to a better outcome.
Example 2: Surgical Error
A mistake occurs during surgery, causing avoidable injury. In our case studies you can read the story of Sally, whose small bowel was perforated during surgery, which was a recognised risk, but the damage wasn’t noticed so wasn’t treated until she went on to develop sepsis.
This shows the way that a claim may be possible if:
- The error falls below acceptable standards
- The injury would likely have been avoided with proper care
Frequently Asked Questions
Is making a claim the same as making a complaint?
- No. A complaint is about answers and explanations. A legal claim is about seeking compensation for harm.
Will making a claim affect my future care?
- NHS guidance states that patients should not be treated differently for raising concerns or complaints.
How long does a medical negligence claim usually take?
- Claims can take time, particularly where medical evidence is complex. Some cases resolve sooner, while others take longer depending on how complex the issues involved are.
Do I have to go to court?
- Not necessarily. Many claims are resolved without a trial through negotiation or settlement.
When Should You Seek Legal Advice?
Consider legal advice if:
- You suspect avoidable harm from medical treatment
- You have unanswered questions after a complaint
- Your condition has worsened unexpectedly with no explanation
- You are concerned about treatment that is approaching the three-year time limit
Even if you are unsure, an initial discussion can help you understand your options.
Experiencing medical harm can be deeply distressing, and it is natural to feel uncertain about what you need to do, especially when just the thought of legal claims can make people nervous.
Understanding how a medical negligence claim works can help you take the next step with confidence. The process is designed to investigate what happened, gather evidence, and resolve cases fairly where possible.
If you believe that you or a loved one may have been affected by medical negligence, our specialist team are here to discuss all of your concerns, so get in touch.