Medical Negligence

What Counts as Medical Negligence?

Medical negligence is not simply a bad outcome — medicine involves inherent risks and not every treatment succeeds. To have a valid claim, you need to show two things:

**1. Breach of duty** — The healthcare professional's care fell below the standard that a reasonable professional in their position would have provided. This is judged by comparing their actions to what a responsible body of medical opinion would consider acceptable (the "Bolam test").

**2. Causation** — The substandard care directly caused your injury or made your condition worse. Even if the care was poor, you cannot claim if you would have had the same outcome regardless.

Common examples include misdiagnosis or delayed diagnosis, surgical errors, medication errors (wrong drug or wrong dose), failure to obtain informed consent, birth injuries, and failure to refer to a specialist when appropriate.

How Do I Make a Medical Negligence Claim?

**Step 1: Get your medical records** — You have a legal right to your medical records under the Data Protection Act. Request them from the hospital or GP surgery in writing.

**Step 2: Find a specialist solicitor** — Medical negligence is a complex area. Choose a solicitor who specialises in clinical negligence, ideally one accredited by the Law Society's Clinical Negligence Panel or AvMA (Action against Medical Accidents).

**Step 3: Medical expert review** — Your solicitor will arrange for an independent medical expert to review your records and provide an opinion on whether the care was negligent and whether it caused your injury.

**Step 4: Letter of claim** — If the expert supports your case, your solicitor will send a formal letter of claim to the healthcare provider. They have four months to respond.

**Step 5: Negotiation or court** — Most medical negligence claims (over 95%) settle out of court through negotiation. If no agreement is reached, the case goes to trial.

**Time limit**: You have three years from the date of the negligent treatment (or from when you first became aware of the negligence) to start a claim. For children, the three-year limit does not start until their 18th birthday.

How Much Compensation Could I Get?

Compensation in medical negligence claims covers two types of damages:

**General damages** (pain, suffering, and loss of amenity): - Minor injuries: £1,000-£10,000 - Moderate injuries: £10,000-£50,000 - Serious injuries: £50,000-£250,000 - Catastrophic injuries (e.g. brain damage, paralysis): £250,000-£2,000,000+

**Special damages** (financial losses): - Past and future loss of earnings - Cost of private medical treatment and rehabilitation - Care costs (if you need ongoing help) - Travel expenses - Aids, equipment, and home adaptations

Most clinical negligence solicitors work on a "no win, no fee" basis (conditional fee agreement). This means you do not pay if your claim is unsuccessful. If you win, the solicitor's success fee is capped at 25% of your compensation.