Being let down by a healthcare professional you trusted raises difficult questions – about what happened and what you’re entitled to do about it.
If you believe a doctor, nurse, or other medical professional failed to provide an acceptable standard of care, and you or a loved one suffered harm as a result, our clinical negligence solicitors can help you.
Our experienced team has handled clinical negligence claims across the NHS and private healthcare, and we’ll tell you plainly where you stand at every stage.
Need Advice About a Medical Negligence Claim? Contact Us Today
We understand that dealing with the aftermath of clinical negligence can be incredibly distressing for those affected. You don’t need to work through this alone.
Our empathetic clinical negligence solicitors based in London can help you to:
- Assess whether you have grounds for a compensation claim
- Explain what “breach of duty” and “causation” mean for your case
- Obtain and review your medical records
- Instruct independent medical experts if needed
- Pursue your claim against the NHS or a private healthcare provider
Speak to our team today to discuss your circumstances – the earlier you get in touch, the better.
What Is Clinical Negligence?
Clinical negligence, sometimes called medical negligence, occurs when a healthcare professional provides a standard of care that falls below what is reasonably expected, and this causes a patient harm or makes an existing condition worse.
It can happen within NHS treatment or private healthcare, and can involve a single mistake or a series of failings over time.
Not every poor outcome amounts to negligence – medicine carries inherent risk. A claim depends on showing the care fell below an acceptable standard, and that this specific failing caused the harm.
Types of Clinical Negligence Claims
Clinical negligence can arise across almost any area of healthcare. Our clinical negligence solicitors regularly advise on claims involving:
Misdiagnosis and Delayed Diagnosis
This includes conditions that are missed entirely, diagnosed too late, or diagnosed incorrectly. A delay in diagnosing a serious illness can significantly reduce the chances of successful treatment, and in some cases can affect life expectancy.
Surgical Errors
Surgical negligence encompasses a wide range of issues, including incorrect operations, avoidable damage to organs or nerves, instruments or swabs left inside a patient, and infections caused by poor hygiene standards.
Medication and Prescribing Errors
Claims may arise when a patient has been prescribed the wrong medication, an incorrect dose, or a combination of drugs that should not have been taken together, resulting in avoidable harm.
Birth and Maternity Negligence
Negligence during pregnancy, labour, or shortly after birth can affect both mother and baby. This may include failures to monitor foetal distress, delayed decisions to intervene, or mismanagement of complications during delivery.
GP and Primary Care Negligence
GPs and other primary care professionals may be held liable for negligence if they fail to refer a patient for further investigation, misinterpret symptoms, or fail to act on test results appropriately.
Care Home and Hospital Negligence
This can include failures to prevent pressure sores, inadequate monitoring of patients, poor management of falls, or failures in infection control within a hospital or care home setting.
Who Can Be Held Responsible for Clinical Negligence?
A range of healthcare professionals and organisations may be held liable and sued by claimants for clinical negligence, provided it can be shown that they breached their duty of care. This includes:
- Doctors, surgeons, and hospital consultants
- GPs and other primary care professionals
- Nurses and nursing staff
- Midwives
- Dentists
- Pharmacists
- NHS Trusts and private hospitals, if systemic failings are identified
Claims can be brought against NHS Trusts or private healthcare providers. Bringing a claim against the NHS does not affect any ongoing treatment you receive, as claims are handled at an organisational level rather than by your treating clinician personally.
If the negligence you or a family member experienced has led to a death, this may also give rise to a separate fatal accident claim, and in some cases an inquest may take place before any civil claim can proceed.
Do I Have a Clinical Negligence Claim?
To bring a successful clinical negligence claim, certain legal elements generally need to be established:
- Duty of care – this is usually straightforward to establish once a doctor-patient relationship exists.
- Breach of duty – the care provided fell below the standard reasonably expected of a competent healthcare professional in that field.
- Causation – the breach directly caused the harm, or made an existing condition significantly worse. This is often the most complex element to prove and usually requires independent medical evidence.
- Harm – you suffered actual injury, a worsened condition, or financial loss as a result.
Because causation in particular can be difficult to establish, it is important to have your medical records reviewed by a solicitor experienced in this area before deciding whether to proceed.
Making a Clinical Negligence Claim: The Process
1. Initial Consultation and Case Assessment
Our solicitors will discuss what happened, review the circumstances of your case, and give you an honest, early view on whether you may have grounds to bring a medical negligence claim.
2. Gathering Medical Evidence
Your medical records tell the story your memory can’t always capture precisely, so we obtain the full set and go through them carefully against your own account. If needed, we instruct an independent medical expert in the relevant field to assess whether the care you received fell below an acceptable standard.
3. The Letter of Claim
If your claim has reasonable prospects of success, we write a formal Letter of Claim to the healthcare provider, setting out the allegations, the harm caused, and the compensation sought. The provider then has a set period to investigate and respond, confirming whether they accept or dispute liability.
4. Negotiation and Settlement
If liability is accepted, or if there is sufficient evidence to support your claim, we negotiate with the healthcare provider or their representatives to secure a fair settlement based on the harm suffered and any resulting losses.
5. Court Proceedings
If liability is disputed, or a fair settlement cannot be agreed, court proceedings may be necessary. The vast majority of clinical negligence claims still settle before reaching trial, but we will prepare your case thoroughly at every stage in case court proceedings become necessary.
Clinical Negligence Time Limits
Clinical negligence claims are subject to strict time limits under the Limitation Act 1980. In most cases, you must start court proceedings within three years of the date of the negligence, or from the date you first became aware that your treatment may have been negligent, whichever is later.
There are some important exceptions:
- Children – the three-year limitation period does not begin until the child turns 18, giving them until their 21st birthday to bring a claim.
- Lack of mental capacity – if a person lacks the mental capacity to bring a claim themselves, there may be no fixed time limit, though this should always be discussed with a solicitor.
- Fatal cases – if a death has resulted from negligence, the time limit generally runs from the date of death or the date the Personal Representative became aware of the negligence.
Limitation periods have more exceptions than most people expect – get advice sooner rather than later. Our experienced team will help walk you through the process and meet the deadlines needed.
Compensation for Clinical Negligence Claims
The amount of compensation available in a clinical negligence claim depends entirely on the individual circumstances of the case, including the nature and severity of the harm suffered. Compensation may take into account:
- Pain, suffering, and loss of amenity
- Past and future medical treatment or rehabilitation costs
- Loss of earnings, both past and future
- The cost of ongoing or future care and support
- Adaptations to your home, if required
Our clinical negligence lawyers will assess your case carefully to make sure that any claim reflects the true impact the negligence has had on your life.
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How Our Clinical Negligence Solicitors Can Help
Our clinical negligence lawyers provide clear, compassionate guidance at every stage of your claim. We can:
- Review your medical records and assess whether you have a valid claim
- Instruct appropriate independent medical experts
- Handle correspondence with NHS Trusts and private healthcare providers
- Value your claim accurately, taking full account of your circumstances
- Negotiate on your behalf to secure a fair settlement
- Represent you in court proceedings, if this becomes necessary
We’ll be upfront with you throughout about how strong your claim is and what it’s likely to be worth.
Why Choose TV Edwards?
- Highly ranked in legal directories – Legal 500 and Chambers UK
- Immediate emergency support – call us on 0203 440 8000
- Specialist representation – experience across a wide range of clinical negligence claims
- Hardworking problem-solvers – we fearlessly challenge evidence, protecting your interests
- Honest and down-to-earth – we explain your options compassionately and in plain English
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Clinical Negligence FAQs
What is the difference between clinical negligence and medical negligence?
There is no legal difference between clinical negligence and medical negligence. “Clinical negligence” and “medical negligence” are used interchangeably to describe harm caused by substandard medical care.
How long do I have to make a clinical negligence claim?
In most cases, you have three years from the date of the negligence (or the date you first realised your injury was caused by poor care) to make a clinical negligence claim to start court proceedings. Different time limits apply for children, those who lack mental capacity, and fatal cases.
Can I make a clinical negligence claim against the NHS?
Yes. Claims can be brought against NHS Trusts as well as private healthcare providers. Making a claim will not affect any ongoing NHS treatment you receive.
How much compensation could I receive for a clinical negligence claim?
This depends on the nature and severity of the harm suffered, along with any financial losses or future care needs arising from it. Every case is assessed individually, so it’s best to speak to a solicitor about your specific circumstances.