Medical negligence, also known as clinical negligence, occurs when medical professionals such as doctors, nurses, surgeons and midwives, or other healthcare providers, provide care that falls below a reasonable standard and causes avoidable harm. 

If you have been subject to negligent medical treatment this can affect your health, independence, finances and family life, and may leave you with questions about what happened and whether your care was appropriate. 

Our medical negligence solicitors explain what clinical negligence is, examples of this and what you need to prove, together with how the claims process works and how compensation is assessed.

When is a poor medical outcome not clinical negligence?

Medical treatment can involve “recognised risks”, namely an injury that can occur notwithstanding the exercise of reasonable care and skill  and the court will not hold that negligence has occurred if the harm or injury sustained was simply unavoidable. 

For a clinical negligence claim to succeed, there must be evidence that the care provided fell below an acceptable standard and that this caused avoidable harm. For example, a recognised complication after surgery may not be negligent if the surgeon acted with reasonable skill and care, explained the material risks and responded appropriately when the complication arose.

This distinction is important because the law considers the standard of the care provided and the effect of any failings, rather than the outcome alone.

How do you prove medical negligence?

To prove medical negligence, you need to establish that a duty existed, that the duty was breached, and finally that harm or injury has occurred. The first hurdle is never problematic in a healthcare setting, because it is clear that a duty exists. Establishing the remaining parts of the test is more difficult.  

Did the care fall below a reasonable standard?

The first question is whether the medical professionals involved, such as a doctor, nurse, surgeon or midwife, breached their duty of care. This means considering whether the care provided fell below the standard expected of a reasonably competent professional working in the same area of medicine and at the same time period.

For example, if a GP failed to refer a person for further investigations, notwithstanding that their clinical guidance said they should, then an expert we instruct would probably conclude that no competent GP would have acted in the same way, and that the care was therefore substandard. 

Did the substandard care cause avoidable harm?

It is also necessary to show that the breach of duty caused injury. This is known as causation.

A delayed diagnosis may amount to a breach of duty, but a claim also needs evidence showing how the delay affected the outcome. This may mean showing that earlier diagnosis and medical treatment would probably have avoided an injury, reduced its severity or prevented an existing condition from worsening.

Your recollection of the treatment, together with your medical records, will be key evidence when instructing experts to assess both breach of duty and causation.

For a detailed explanation, read our guide on how to prove medical negligence.

How do you make a clinical negligence claim?

The medical negligence claims process usually involves:

1. A free initial consultation: We discuss your concerns, the timeline of events, and the impact the harm has had on your life. We will explain the legal test, assess your claim and advise whether we recommend investigating matters further and how the case may be funded.
2. Gathering medical records and evidence: We obtain your notes and records, review these with you and make an assessment of what expert evidence we will need.
3. Independent expert opinion: We instruct independent medical experts to consider whether the care fell below an acceptable standard, and whether this has caused you harm or injury. 
4. Letter of Claim: If the evidence is supportive, we will formulate the claim and advance this to the Defendant (the healthcare provider), setting out the alleged failings and their impact..
5. Response and next steps: The Defendant is given a period of time to respond to the case and when that is received we will consider it and advise you accordingly on the  next steps, which may include negotiations to settle the claim, further investigation, or court proceedings.

Court proceedings do not necessarily mean that a claim will go to trial. According to the most recent figures from NHS Resolution, 83 per cent of clinical claims were resolved without court proceedings in 2024/25, and only 0.1 per cent of total claims needed to be resolved in court.

For more detail, read our guide to the medical negligence claims process.

Who can make a clinical negligence claim?

A person who has experienced avoidable harm can usually make their own clinical negligence claim, but someone else may be able to act for them in certain circumstances.

A parent, guardian or another suitable person can act as a “Litigation Friend” for someone who is aged under 18. A family member or another suitable person may also act as a litigation friend for an adult who legally lacks the mental capacity to conduct the claim themselves.

Where medical negligence has contributed to a fatality, the executor or administrator of the deceased's estate may be able to bring a claim for and on behalf of the estate, and for anyone who was financially dependent on them. Different rules can apply depending on the circumstances, so it is important to seek legal advice about who is entitled to act.

What is the time limit for a clinical negligence claim?

There is a three-year time limit for issuing court proceedings in England and Wales. This generally runs from the date of the negligent treatment or the date you first knew, or should have known, that the care caused avoidable harm. This is known as the date of knowledge.

Different rules apply in some circumstances:

• Children: The three-year period will not start to run until the child reaches their 18th birthday, so they generally have until their 21st birthday to issue a claim.
• People who lack mental capacity: The time limit may not start unless they regain capacity.
• Fatal claims: The representatives of the deceased, namely the executor (if there is a will) or administrator (if there is no will), will have three years from the date of death.

However, a lot of investigative work needs to be carried out before issuing court proceedings, so it is vital to seek legal advice sooner rather than later. Seeking legal advice early ensures the account of events is still fresh in a person’s memory, and it also gives our medical negligence team time to investigate what happened in order to prepare the claim.

Read our guide to time limits for medical negligence claims for more information.

How long does a medical negligence claim take?

There is no single timeframe for medical negligence claims. The time needed depends on factors such as the medical issues involved, the amount of evidence required, whether more than one independent expert is needed, the extent of the injury and the response from the healthcare provider.

Some clinical negligence claims require time to understand the person's long-term prognosis and future care needs before compensation can be assessed; for example child brain injury claims will undoubtedly fall in this category. In some cases however, where the Defendant has admitted negligence, we can obtain an interim payment during the lifetime of a case, in order to ease the financial burden a patient may be facing.

We will explain the likely stages and timescales as the evidence develops and keep you updated throughout the process.

How much compensation can you claim for clinical negligence?

There is no standard amount of compensation for clinical negligence as the amount depends on the individual’s circumstances. A damages award for a medical negligence claim will include compensation for the injury itself; namely the pain, suffering and loss of amenity that has been sustained. In addition, a claim can include more tangible and quantifiable losses, such as out-of-pocket expenses, namely loss of earrings, medical expenses, travel costs, care provided etc.

The same principles apply across different clinical negligence claims, from delayed diagnosis and surgical errors to birth injuries. The object of our legal system is to try and put the injured patient back in the position they should have been, were it not for the negligence occurring. 

Will making a medical negligence claim affect my treatment?

Making a medical negligence claim will not affect the standard of your current or future treatment. Healthcare professionals, including doctors and nurses, must continue to make decisions about your care based on your health needs and their professional responsibilities.

It is understandable to feel concerned about continuing to receive care from the same doctor or hospital after raising concerns about treatment. If you would prefer to discuss whether another clinician or healthcare provider could take over your care, you can raise this with the healthcare service responsible for your treatment.

Can clinical negligence involve NHS and private treatment?

Clinical negligence claims can arise from both NHS and private treatment, involving a wide range of healthcare providers. Regardless of the provider, the same basic questions apply: did the care fall below a reasonable standard, and did this cause avoidable harm? However, who responds to the claim and how it is handled can differ.

Clinical negligence involving NHS treatment

You do not have to go through the NHS complaints procedure before making a clinical negligence claim.

Claims involving NHS care are dealt with by NHS Resolution, a separate organisation that handles claims in England. If the care relates to treatment in Wales, this is dealt with by NHS Wales Legal & Risk Services. These bodies manage the claims through their indemnity schemes. This means compensation is not paid personally by the individual doctor or nurse involved.

For more information, read about NHS negligence claims.

Clinical negligence involving private treatment

A clinical negligence claim can also relate to private treatment provided by a private hospital, doctor, surgeon or another private healthcare provider. The arrangements may differ from NHS cases because private healthcare professionals and organisations are required to have their own insurance. Different healthcare professionals may therefore be covered through different organisations.

Our medical negligence team handles claims involving both NHS and private healthcare negligence and will identify the appropriate healthcare provider or organisation to approach as part of the investigation.