Questions

Got a Question About Clinical Negligence Claims?

These FAQs are written for England and Wales and should be checked by the client before publishing.

A clinical negligence claim is a legal claim made when healthcare falls below an acceptable standard and causes avoidable harm. This can involve NHS treatment, private healthcare, GP care, hospital treatment, dental treatment, surgery, maternity care or nursing care.

It can involve misdiagnosis, delayed diagnosis, failure to refer, hospital errors, GP negligence, surgical negligence, medication errors, birth injuries, dental negligence, pressure sores, poor records or poor communication between healthcare providers.

Possibly. A claim may be considered where a condition should reasonably have been diagnosed sooner and the delay caused avoidable harm, such as worsening illness, more invasive treatment, reduced recovery prospects or additional losses.

Many clinical negligence claims can be considered for No Win No Fee funding if the case has reasonable prospects of success. We will explain the funding terms clearly before you decide whether to proceed.

In many cases, adults have three years from the date of the negligent treatment or from the date they became aware that negligence may have caused harm. Different rules can apply for children, people who lack mental capacity and fatal claims, so you should get advice as soon as possible.

Yes, clinical negligence claims can involve NHS treatment as well as private healthcare. We can discuss what happened, who may be responsible and what evidence may be needed.

Depending on the evidence, a claim may consider physical injury, pain, psychological impact, lost earnings, care needs, treatment costs, travel expenses, rehabilitation, equipment, home adaptations and the wider effect on daily life.

No. It can help if you have appointment letters, discharge notes, complaint responses, photographs or medication details, but you do not need to have everything ready before asking for advice.

Evidence usually includes your medical records, expert medical reports, witness statements and financial records showing your losses. We can advise on what is needed for your specific situation.

It depends on the complexity of the case. Simple claims may resolve within 12-18 months, while more complex cases can take several years. We will keep you updated throughout the process.

Costs depend on the funding arrangement. Many claims are funded through No Win No Fee agreements, legal aid (in limited cases), insurance policies or self-funding. We will explain the options clearly before you proceed.

Most clinical negligence claims settle before reaching court. Only a small percentage of cases proceed to a court hearing. We will support you at every stage if court proceedings become necessary.

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