Medical Negligence Claims UK: How to Start a Claim

Overview

Medical negligence, sometimes called clinical negligence, happens when a healthcare professional provides treatment that falls below the standard a competent practitioner in the same field would reasonably have given, and that shortfall causes harm that would otherwise have been avoided. It is important to understand that a poor outcome on its own is not enough.

Medicine carries risk, and not every complication is the result of a mistake. A successful claim usually needs to show two things working together: that the care fell below an acceptable standard (breach of duty), and that the substandard care directly caused an injury or worsened condition (causation).

Claims can be brought against NHS trusts, private hospitals, GPs, dentists, cosmetic clinics, care homes, and individual clinicians. The kinds of incidents that lead to claims include missed or delayed diagnoses, surgical errors, birth injuries, medication mistakes, mismanagement of known conditions, and failures to obtain proper consent before a procedure.

Compensation, when awarded, aims to put the patient back in the financial position they would have been in had the negligence not occurred, so far as money can do that.

Key steps

1. Gather your medical records and write down what happened. Start by putting together a clear timeline of appointments, treatments, symptoms, and conversations with clinicians. You can request your medical records from your GP surgery or the hospital trust under data protection rules. The more detail you have, the easier it will be for anyone assessing your case to understand what went wrong and when.
2. Raise a formal complaint with the healthcare provider. Before going down the legal route, it is usually sensible to use the NHS complaints procedure or the equivalent process at a private provider. Their written response often reveals what they accept, what they dispute, and what investigations were carried out. This can be useful evidence later and sometimes resolves matters without litigation.
3. Speak to a specialist clinical negligence solicitor. Medical negligence is a technical area and most firms that handle it will offer an initial assessment, often on a no win no fee basis. They will want to see your records, hear your account, and may instruct an independent medical expert to give an opinion on whether the care fell below standard and caused your injury.
4. Work through the Pre-Action Protocol for Clinical Disputes. Before issuing court proceedings, both sides are expected to follow a structured process that includes a formal Letter of Claim, disclosure of records, and a Letter of Response from the defendant. Many claims settle during this stage without ever reaching a courtroom, which saves time and stress for everyone involved.
5. Decide whether to settle or issue court proceedings. If the defendant admits liability, negotiations will focus on the value of the claim, covering things like pain and suffering, loss of earnings, care costs, and future treatment. If liability is denied or talks break down, your solicitor may advise issuing court proceedings. The great majority of clinical negligence claims still settle before trial.

Common questions