Healthcare Negligence Claims 

Most people will receive medical treatment in a healthcare setting at some point during their lives, and whilst the majority of the care we receive is of a high standard, mistakes can happen that have a long-lasting impact. If this happens due to poor treatment or negligence, you may be entitled to compensation.

The healthcare negligence solicitors at JMW have a great deal of experience helping individuals to successfully claim compensation for the pain and suffering they have endured following negligent treatment in a healthcare setting.

 Speak to our expert team about your situation today by calling 0345 872 6666 or allow us to call you back at a more convenient time by completing an online enquiry form. We offer a free, no-obligation conversation, which can help you to better understand the next steps you should take, as well as no win, no fee representation. 

How JMW Can Help

JMW’s renowned clinical negligence department is headed by leading solicitors Eddie Jones and Angharad Hughes, and includes members of the Action against Medical Accidents (AvMA) solicitors panel and members of the Law Society’s specialist panel for clinical negligence.

Our specialist team of healthcare negligence solicitors have helped individuals who have suffered negligence in a wide variety of medical settings, including:

Any act of negligence by a professional in these settings can lead to long-term health problems for patients. Therefore, it is essential that the consequences of any mistakes are recognised and prevented from happening again in the future.

We can take on cases on a no win, no fee basis, which means you are not placing yourself at financial risk if your case should not progress.

Meet Our Team of Healthcare Negligence Experts

If you have suffered harm due to negligence in a GP surgery, hospital, pharmacy, psychiatric inpatient facility or other healthcare facility, JMW can help. We investigate substandard care, liaise with medical experts and pursue compensation tailored to the individual’s losses and long‑term needs.

Am I Entitled to Make a Healthcare Claim?

Every medical practitioner, including doctors, nurses, pharmacists, opticians and other clinicians, owes a duty of care to their patients. If a healthcare professional has provided treatment that fell below an acceptable standard and this directly caused you harm, then you should explore a healthcare negligence claim.

To bring a successful medical negligence claim, three key elements must be proven:

• Duty of care: you were owed a legal duty by the healthcare provider responsible for your treatment. This generally applies automatically in a healthcare context, as all professionals owe a duty of care to their patients.
• Breach of duty: the professional failed to act to the standard expected of a reasonably competent practitioner.
• Causation: the substandard care caused injury, deterioration of an existing condition or avoidable suffering.

If these conditions are met, you may be able to claim compensation for the harm and financial losses you have experienced. JMW’s medical negligence solicitors can advise you on the strength of your case and work diligently to prove where a breach of duty occurred, and establish how it caused you harm.

What Problems Can Be Caused by Negligent Healthcare Professionals?

Healthcare negligence can result in a wide range of injuries and complications, including:

• Delayed or incorrect diagnosis such as missed cancers, infections or fractures that lead to worsening health.
• Surgical errors or mistakes including operating on the wrong area, leaving surgical instruments behind or causing avoidable damage during surgery.
• Medication errors, such as prescribing or dispensing the wrong drug or dosage.
• Negligent post-operative care leading to infections or avoidable readmission to hospital.
• Poor diabetes management resulting in complications like foot ulcers or amputation.
• Birth injuries to either mother or child due to mismanaged labour or delayed caesarean section.
• Negligence in mental health care, such as inadequate monitoring or delayed crisis intervention.

Your case will be unique, and the nature and extent of the harm you have endured will determine how much compensation you will be awarded, and what evidence our team will need to gather to prove your claim.

Can I Claim for a Loved One Who Passed Away Due to Healthcare Negligence?

If a family member has died because of negligent medical treatment, you may be able to make a claim on their behalf under the Fatal Accidents Act 1976. This process can help to establish what went wrong and provide financial support for dependents who relied on the person who has passed away.

Claims following a death can include compensation for:

• Pain and suffering experienced before death.
• Funeral costs and medical expenses.
• Loss of financial dependency and services the deceased person provided.
• Psychological harm for close relatives in certain circumstances.

JMW’s clinical negligence solicitors can explain who can claim, lead the process on your behalf, and help you understand your options during what is an extremely difficult time for you and your family.

Is There a Time Limit on Healthcare Claims?

Legal proceedings must be started within three years of the date you first knew, or could reasonably be expected to have known, that something had gone wrong with your medical treatment. Usually, this is quite soon after you have received the treatment, but occasionally it will not become obvious that an injury has occurred, or that an injury has long-term consequences, until months or years later.

If someone has died because of negligence, the three-year time limit runs from the date of death. 

There are exceptions to this timeframe:

• If the claimant is under 18, the three-year time limit only expires on their 21st birthday.
• For people who lack mental capacity, no limitation period applies.

These time limits are strictly enforced by the courts and only in exceptional circumstances will a judge exercise discretion to allow a case to be brought “out of time”. It is important to act as soon as possible if you believe you are entitled to compensation, to avoid missing the chance to claim.

How Much Compensation Can I Claim for Healthcare Medical Negligence?

There is no fixed amount of compensation for a healthcare negligence claim. The value depends on the type of injury, how it has affected your life and the financial losses you have experienced. Compensation is divided into two parts:

• General damages: for pain, suffering, and the loss of quality of life caused by your injury or illness. These figures are guided by the Judicial College Guidelines, a reference used by legal professionals to assess compensation for different types of injury.
• Special damages: for financial losses such as lost earnings, travel expenses, rehabilitation, medical costs and future care needs.

When making your claim, we will look at every aspect of your health and life that has been affected by the medical negligence and seek compensation that allows you to rebuild your life and manage any ongoing costs.

What Evidence Do I Need to Make a Healthcare Clinical Negligence Claim?

To succeed in a clinical negligence claim, you will need evidence that proves the healthcare provider breached their duty of care and that this directly caused avoidable harm. This is known as causation.

Your solicitor at JMW will help you to gather and review the necessary information, which may include:

• Medical records from the relevant hospitals, GP surgeries or private treatment providers involved in your case, showing diagnosis, treatment and outcomes.
• Expert opinions from independent medical professionals to assess whether the care provided fell below the accepted standard.
• Witness statements from yourself, relatives or carers describing how the injury has affected your daily life.
• Financial documents such as wage slips, receipts and invoices to show loss of income or additional costs.
• Formal complaints or correspondence with healthcare providers or regulators.

We will use this evidence to create a full and compelling picture that identifies the negligence and paints a clear and evidenced trail towards the avoidable harm it has caused.

Will I Need a Medical Examination for My Healthcare Negligence Claim?

In many healthcare negligence cases, an independent medical examination is required to support your claim. This assessment is carried out by a neutral medical expert who has no connection to your original treatment. The examination will be conducted sensitively and is a routine part of gathering expert evidence in medical negligence claims.

The purpose of the examination is to confirm causation and help quantify your compensation by identifying both current and future needs, including ongoing medical care or rehabilitation. Your clinical negligence solicitor at JMW will arrange this for you and keep you fully informed about the process.