If you or a loved one have suffered harm due to the negligence of a medical professional, you may be entitled to compensation for the pain, suffering and financial loss. However, if you have never made a claim like this before, you may be unsure about where to start.

The process of making a medical negligence claim can be complex, but understanding the steps involved can help you prepare for what lies ahead. By working closely with qualified solicitors with experience in making clinical negligence claims, you will stand the best chance of achieving a positive outcome for your case.

In this comprehensive guide, the expert medical negligence team at JMW Solicitors will walk you through every step involved in making a clinical or medical negligence claim, explaining everything you will need to know to work out whether you are entitled to compensation and how to maximise your chances of success.

Am I entitled to make a medical negligence claim?

To determine whether you are entitled to make a medical negligence claim, you must be able to demonstrate that your case meets the following key criteria:

1. That the healthcare professional responsible for providing your medical treatment breached their duty of care, meaning they failed to provide the standard of care expected of a competent professional in their field
2. That this breach of duty directly caused or significantly contributed to your injury or illness, and that this has had a significant effect on your life
3. That you are making the claim within the legal time limit, which is three years from the date of the incident or the date you became aware of the negligent treatment in most cases. There are some exceptions, such as cases involving children, or individuals who lack mental capacity, where the time limit may be extended or removed altogether.

To learn more about the eligibility criteria associated with a medical negligence case and how to determine whether you qualify to make a claim, take a look at our guide entitled "What is Medical Negligence?".

How to Identify When a Healthcare Professional Has Breached Their Duty of Care

One of the most crucial aspects of making a medical negligence claim is being able to prove that the medical professional breached their duty of care.

What is a duty of care?

This is a legal responsibility that healthcare professionals have towards their patients, meaning they must provide an acceptable standard of care to ensure the wellbeing and safety of their patients. This duty of care applies to doctors, nurses, therapists and other healthcare providers. We do not need to be concerned with establishing the existence of the duty, because it is self-evident that doctors, nurses, clinicians etc owe a duty to those patients they treat.

Proving a breach of duty

A breach of duty happens when the care provided by a doctor, surgeon, nurse, midwife, GP or other healthcare professional falls below the standard expected of a reasonably competent professional in the same field.

It is not enough to show that the treatment had a poor outcome. To make a medical negligence claim, you must also show that the care itself was below an acceptable standard.

You must then establish causation. This means showing, on the balance of probabilities, that the breach of duty caused or contributed to the harm you experienced. In practical terms, the question is whether your outcome would probably have been better if you had received appropriate care.

These legal tests will depend on the facts of your case. A specialist medical negligence solicitor can assess what happened and advise whether there may be grounds to investigate a claim.

How to Make a Medical Negligence Claim

If you think negligent medical treatment may have caused you avoidable harm, the first step is to speak to a specialist medical negligence solicitor.

You do not need to understand the legal process or have all of the relevant documents before contacting us. We will ask you for a few details about the care you received, when it happened and how it has affected you.

During your free initial consultation, we will listen to your concerns, explain whether there may be grounds to make a medical negligence claim and advise you on what to do next. We will also discuss the time limits and funding arrangements that may apply.

You can then decide whether you would like us to investigate the case further.

The stages of a medical negligence claim

Every medical negligence claim is different, and the steps required will depend on the treatment you received, the harm caused and the medical evidence available. However, the medical negligence claim process will usually involve the following nine stages:

1. Free initial consultation: you speak to a specialist medical negligence solicitor about the treatment you received, your concerns and how you have been affected. We will explain the legal tests, whether we recommend investigating the case and how the claim may be funded.
2. Initial assessment: we consider whether there may have been a breach of duty and whether the care may have caused or contributed to avoidable harm. We will also check the time limits that apply to your medical negligence case.
3. Gathering medical records: we request relevant GP, hospital and private treatment records. These help us establish the timeline of your care, the decisions made by doctors, surgeons, nurses or other healthcare professionals, and the treatment you received.
4. Reviewing the evidence: our legal team reviews your medical records alongside your own account and any other supporting evidence. We will discuss the records with you and identify any further information needed.
5. Instructing independent medical experts: an appropriate medical expert will review the care you received and give an opinion on whether it fell below an acceptable standard. Further experts may be instructed to consider whether this caused or contributed to the harm you experienced and what impact it may have in the future.
6. Sending a letter of claim: where the expert evidence supports the case, we prepare a formal letter of claim for the NHS trust, GP practice, private hospital or other healthcare provider responsible for the care. It sets out the alleged negligence, the harm caused and the losses being claimed.
7. Receiving the defendant’s response: the defendant investigates the allegations and provides a formal response. They may admit all or part of the claim, or deny liability. We will explain their position and what it means for the next stage.
8. Considering compensation and next steps: we gather evidence about the full impact of the negligent treatment and advise on how much compensation may be appropriate. We will discuss any offers with you and explain whether further negotiation or court proceedings are needed.
9. Reaching an outcome: the medical negligence claim may conclude through an agreement between the parties or, where necessary, a court decision. Even where legal proceedings are started, a final court hearing may not be required.

For a more detailed explanation of the whole clinical negligence claims process, read our guide to the stages of a clinical negligence claim.

What Evidence Is Needed to Prove Medical Negligence?

To prove medical negligence, the evidence must show that the care you received fell below an acceptable standard and that this caused or contributed to avoidable harm.

The evidence needed will depend on the circumstances of your clinical negligence claim, but may include:

• Medical records: GP notes, hospital records, referral letters, test results, scan reports, operation notes, prescription records and discharge summaries can help establish what treatment was provided and when.
• Your account of what happened: a clear record of your symptoms, appointments, conversations and treatment can help us understand the sequence of events and the concerns you raised at the time.
• Evidence from relatives, friends or carers: someone who attended appointments with you or supported you afterwards may be able to provide evidence about what was said and how the negligent treatment affected you.
• Independent medical expert evidence: independent medical experts assess whether a doctor, surgeon, nurse, midwife, GP or other healthcare professional breached their duty of care. They may also advise whether different treatment would probably have led to a better outcome.
• Evidence of the harm caused: this may include reports about your current condition, prognosis, further medical treatment, care needs, reduced independence or proven psychological injury.
• Evidence of financial losses: payslips, receipts, invoices, travel records and care documents may support a claim for lost earnings, medical expenses, rehabilitation, equipment or other costs caused by the negligence.

You do not need to collect all of this evidence yourself before making a medical negligence claim. Our legal team will identify what is needed, obtain the relevant records and instruct the appropriate medical experts.

What Is the Pre-Action Protocol?

The Pre-Action Protocol for the Resolution of Clinical Disputes sets out the steps that should usually be followed before court proceedings are started in a clinical negligence claim. It is designed to help both sides understand the issues, share key information and consider whether the claim can move forward without the need for formal legal proceedings. It is designed to narrow the issues in dispute at an early stage in an attempt to avoid litigation.

As part of this process, your solicitor may send a letter of claim to the defendant. This letter explains the alleged negligence, why the care may have fallen below an acceptable standard, and how that care caused avoidable harm. The defendant may be an NHS trust, a GP practice, a private hospital or another healthcare provider.

The defendant then has the opportunity to investigate and respond. Their response may admit liability, deny liability or admit some parts of the claim while disputing others. Once we receive the response, our legal team will explain what it means and advise you on the next steps.

The Pre-Action Protocol will give both sides a clearer understanding of the medical evidence and the key areas of agreement or dispute before any decision is made about court proceedings.

What Are the Time Limits for Medical Negligence Claims?

In most medical negligence claims, the usual time limit is three years. This is normally three years from the date the negligent treatment happened, or three years from the date you first knew that the medical treatment may have caused you avoidable harm. This is known as your date of knowledge.

The date of knowledge can be important if you did not realise straight away that something had gone wrong. For example, you may have had surgery in 2022, but only learned in 2024 that an injury may have been caused by incorrect treatment. In that situation, the three-year time limit may run from the later date, rather than the date of the surgery.

Different rules apply in some circumstances:

• Children: where a child has experienced medical negligence, the three-year time limit usually starts on their 18th birthday. A parent or litigation friend may be able to make a claim on their behalf before then.
• People who lack mental capacity: if a person does not have mental capacity to make legal decisions, the usual three-year time limit may not start unless and until they regain capacity.
• Fatal medical negligence claims: different time limits may apply depending on who brings the claim and when they became aware of the potential negligence.

Because time limits can affect whether you are able to claim compensation, it is important to seek legal advice as soon as you can. Learn more about how time limits apply for medical negligence cases.

Sometimes, the parties may consent to extend the time for limitation prior to its expiration, but this requires careful consideration, and you should seek legal advice before agreeing or relying on such an agreement.

How Long Does It Take to Make a Claim?

When you make a medical negligence claim, the length of time it will take to be fully resolved will vary significantly depending on the specific details of the case. Factors that can influence the duration of a claim include:

• The complexity of the case - claims that involve multiple medical practitioners or complicated issues may require more time to investigate and gather evidence. This can result in a longer claim duration
• The availability of evidence - gathering medical records, expert opinions and financial documentation can take time, especially if there are delays in obtaining information, or if additional evidence is needed to support the claim
• The defendant's response - your opponent's willingness to accept culpability or engage in negotiations can impact the duration of the process. If they dispute liability or the proposed compensation amount, the process may take longer and may need to be taken to court
• The complexity of the court proceedings - if a full trial is necessary, the duration of the claim may be significantly longer due to the time it takes to prepare for trial, the court's schedule, and the possibility of appeals

The more complex the case, the longer the process will take - for instance, a child brain injury case will take a lot longer than a surgical injury, as the impact of the injury may not be fully revealed until years later. However, here are some typical timeframes for the different stages of the process:

1. Investigation and gathering evidence - several months to a year
2. Presenting the case to the defendant - once the evidence has been gathered, the defendant has four months to respond to the letter of claim, although extensions are invariably requested in most cases.
3. Negotiations and settlement - if the defendant admits liability, negotiations can take a few months to a year, depending on the complexity of the case
4. Court proceedings - may take an additional two years or more, although most claims are settled before final hearings

It is essential to seek legal advice from a solicitor that specialises in medical negligence claims as soon as possible. This will help ensure that your claim is investigated and pursued within the required time limits, increasing the likelihood of a successful outcome in as short a timescale as possible.

How Much Compensation Could I Claim for Medical Negligence?

The amount of financial compensation you may be able to claim for medical negligence depends on the harm caused, the impact on your life, and the losses linked to the negligent treatment. Every compensation claim is assessed on its own facts, so a specialist medical negligence solicitor will need to review the medical evidence before advising on the potential value of your claim.

Clinical negligence compensation is usually made up of two main parts:

• General damages: this reflects the pain, injury and loss of amenity caused by the medical negligence, whether this be physical or psychological. 
• Special damages: this covers more tangible losses such as financial losses and expenses caused by the negligence. This may include lost earnings, medical expenses, travel costs, care costs, rehabilitation, equipment, private treatment or future support needs.

The purpose of compensation is to put you in, as far as possible, the position that you would have been in if the negligence had not happened. This may include support for past losses and future needs where the evidence shows these are linked to the negligent treatment.

Our medical negligence team will gather supporting evidence to understand the full impact of the harm caused. This may include medical records, expert evidence, payslips, receipts, care records and details of any extra help you have needed at home.

Will I Need to Go to Court?

Many people worry that making a medical negligence claim means they will have to go to court. In many clinical negligence cases, this is not what happens. According to NHS Resolution's Annual Report and Accounts for 2024/25, 83% of all clinical negligence claims during that period were resolved without court proceedings.

The claims process is designed to help both sides investigate the medical evidence, understand the issues and consider whether the claim can be resolved without a final court hearing. Court proceedings will only be needed if the defendant denies liability, disputes the harm caused, does not agree with the medical negligence compensation being claimed, or if proceedings are needed to protect your position before a time limit expires. Even when court proceedings are started, this does not automatically mean your case will go to a final hearing.

If legal proceedings are needed, our legal team will explain each step before it happens. This may include preparing a claim form, reviewing expert evidence, responding to the defendant’s arguments and advising you on any offers made during the process. We will make sure you understand what is happening and what decisions need to be made.

For more information, read our guide on how many medical negligence cases go to court.