Imagine not long ago, you or your loved one fell unwell and had to go to hospital for treatment, something you never imagined facing at this stage of your or their life. As if that isn’t hard enough, a troubling thought keeps circling in your mind: did something go wrong with the hospital care?
You feel overwhelmed, upset, and unsure where to turn. Now, sitting at home, you find yourself searching online for answers. You type in the words “medical negligence”.
But what does that really mean?
Medical negligence (also called clinical negligence) claims can seem complicated, but understanding the basics can help you take the first steps toward getting the support you need. In this blog, we explain what medical negligence is, whether you might have a claim, and how the process works.
What is medical negligence?
Medical negligence happens when healthcare professionals provide care that falls below an acceptable standard, causing avoidable harm. This can occur in both NHS and private healthcare settings.
Some typical situations include:
- Misdiagnosis or Delayed Diagnosis: When a condition is missed or identified too late, leading to delayed treatment or complications.
- Surgical Mistakes: Errors during surgery, such as making incorrect incisions, failing to control bleeding, or leaving surgical tools inside the body, can result in serious injury.
- Poor Post-operative Care: If aftercare isn’t properly managed, patients may suffer infections, delayed recovery, or other complications.
- Medication Errors: Giving the wrong drug, incorrect dosage, or overlooking allergies and drug interactions can have harmful effects.
- Childbirth Injuries: Mistakes made during labour and delivery that harm the mother or baby.
Do I Have a Claim?
To bring a successful claim, you generally need to prove four key things:
- Duty of Care: This part is generally straightforward. Healthcare professionals owe you a duty to provide reasonable care.
- Breach of Duty: You must show that the care fell below an acceptable standard. This is usually assessed against whether the treatment is decision is supported by a responsible body of medical professionals. Not every poor outcome is negligence; sometimes things go wrong even when reasonable care was provided.
The success or failure of a medical negligence claim often hinges on strong expert evidence. If independent medical experts support your claim, we can move forward. If they do not, we will explain why and advise you against proceeding. Even if you have expert support, the other side may have their own experts who disagree. In the end, it’s the judge who decides which evidence to accept.
- Injury or Damages: You must show that you suffered an injury or some damage.
- Causation: Finally, you need to prove that the harm or injury you suffered was directly caused by the substandard treatment, not just the underlying condition you already had. This can be tricky, as it requires showing that the outcome would have been different if proper care had been given. This also usually requires expert analysis.
What Should I Do if I Suspect Things Have Gone Wrong?
- Recognise the Signs of Medical Negligence
Think about your experience: Were there long delays in being seen or treated? Did your condition worsen because of the care you received? Have you been told that earlier or different treatment might have led to a better outcome? If any of these apply, you may have a claim.
- Keep a Personal Diary and Gather Supporting Evidence
Write down your symptoms, how they evolved over time, the treatment you received (or didn’t receive), and the emotional and physical impacts. Keep notes, photos, prescriptions, and even statements from family or caregivers — all of this can help strengthen your claim.
- Speak to a Specialist Medical Negligence Solicitor
Reach out to a specialist solicitor (like us) to review your case. We offer a free initial consultation to help you understand your position and next steps.
What Happens Next?
- Permission to Investigate: If we believe there may be a case to pursue, we’ll ask for your consent to access your medical records and gather relevant evidence. Your records may include consultation notes, diagnostic test results, progress notes from your hospital stay, scans, and x-rays. These documents are essential, as they form the foundation of the evidence showing whether proper care was provided. Hospitals typically respond within 30 days, but delays can happen.
- Expert Support: Once we have all records, we’ll work with an independent medical expert to assess whether your care was negligent. If the expert supports your case, we’ll proceed.
- Formal Communication: We’ll send a detailed “Letter of Claim” to the healthcare provider, setting out the facts, allegations, and compensation sought. They have time to investigate and reply with a “Letter of Response,” either admitting or denying fault.
- Resolution: We aim to settle through negotiation wherever possible. Even if the other side denies responsibility, they may still offer compensation. If they refuse to settle, we will review the expert evidence again, and if it remains supportive, we will prepare to take your case to court.
How Long Do I Have to Make a Claim?
In most cases, you have three years from the date of the negligent treatment or from when you first realised something went wrong. For children, the three-year time limit starts on their 18th birthday. There are also exceptions for people lacking mental capacity.
If you’re unsure about time limits, we recommend contacting us sooner rather than later so we can guide you.
Will It Cost Me Anything?
There are costs involved, including external expenses (such as paying for medical records and expert reports) and solicitor fees (which depend on the time and seniority involved). However, most cases are handled on a no win, no fee basis, meaning you won’t pay legal fees if your case is unsuccessful. If your case succeeds, you can usually recover most of your legal costs. We’ll clearly explain all funding options, so you understand what to expect.
Keep in mind that cases can take months or even years, so it’s important to consider the time commitment involved.
Sarah Grogan Legal Director and Specialist Medical Negligence Solicitor said “ Deciding to pursue a clinical negligence claim can seem daunting but our experienced team at MDS can guide you through the complex legal process .Whilst the primary aim of making a clinical negligence claim is always to secure financial compensation making a claim can also help find answers and ensure accountability”
MDS is a specialist medical negligence law firm. We specialise in claims involving cancer, maternity, and cauda equina syndrome. Our expert solicitors represent clients all around England and Wales, and we are dedicated to helping people who have been injured by medical negligence.
If you are concerned about any care that you or a member of your family has received, please contact our experienced team on 0116 254 7456 or email: enquiries@moosaduke.com. You can also enquire online by clicking here.
