Clinical Negligence Claims: What to Do and How to Protect Your Rights
Published 20th of December 2012·Updated 6 April 2026
Reviewed by: Reviewed for accuracy April 2026
Clinical negligence occurs when a healthcare professional causes you harm by failing to meet the standard of care you were reasonably entitled to expect. If a GP, surgeon, nurse, or other NHS or private practitioner made an error that injured you, you may be entitled to compensation. Claims must generally be made within three years of the date of the negligent act, or within three years of when you became aware that negligence occurred.
Short Summary
To succeed in a clinical negligence claim, you must show two things: that the professional breached their duty of care, and that this breach caused your injury or worsened your condition. Both elements must be proven; one alone is not enough.
Making a formal complaint to the NHS through its Patient Advice and Liaison Service (PALS) is not the same as filing a legal claim. A complaint may result in an apology or internal review, but it does not entitle you to compensation.
Clinical negligence solicitors typically work on a no-win no-fee basis, meaning you pay nothing upfront and nothing at all if the claim is unsuccessful. Fees are deducted from your compensation if you win, subject to a cap.
Medical negligence cases can take several years to resolve. Keeping thorough records from the start, including medical notes, receipts, and a log of time off work, significantly strengthens your position.
What counts as clinical negligence?
Clinical negligence covers any situation where a healthcare professional's conduct fell below the standard a competent professional in the same field would meet. Common examples include: a misdiagnosis or delayed diagnosis that allowed a condition to worsen; surgical errors such as operating on the wrong site; incorrect prescribing of medication; and failures to obtain informed consent before a procedure.
Not every bad medical outcome is negligence. Medicine involves risk, and sometimes procedures go wrong despite a clinician acting correctly. The legal test is whether the error would be considered unacceptable by a responsible body of medical professionals in the same speciality.
How do I gather evidence for a clinical negligence claim?
Request copies of all your medical records as early as possible. Under the Data Protection Act 2018 and the Access to Health Records Act 1990, you have the right to access your NHS and private medical records. Your GP surgery, hospital trust, or private provider must respond within one month.
Keep every receipt connected to your treatment, travel to appointments, prescription costs, and any private care you sought as a result of the negligence. If the injury has affected your ability to work, keep a detailed log of every day you were absent and your lost earnings. These records form the basis of your special damages claim, which covers financial losses directly caused by the negligence.
How do I find a clinical negligence solicitor?
Look for a solicitor who is a member of the Law Society's Clinical Negligence Accreditation Scheme or who is accredited by AvMA (Action Against Medical Accidents). These accreditations indicate a solicitor has demonstrated specific expertise in this area.
Most clinical negligence solicitors offer a free initial consultation to assess whether your claim has merit. The majority work on a Conditional Fee Agreement (no-win no-fee basis). Under this arrangement, you pay no upfront legal costs and nothing at all if the case is lost. If you win, a success fee is deducted from your compensation, capped at 25 per cent of your general damages and past financial losses.
How long do I have to make a clinical negligence claim?
The standard limitation period is three years. This means you must issue legal proceedings within three years of the date the negligent act occurred, or within three years of the date you first had knowledge that negligence may have been responsible for your injury, whichever is later.
There are important exceptions. Children have until their 21st birthday to bring a claim (three years from their 18th birthday). Adults who lack mental capacity may have no time limit at all. If a loved one died as a result of clinical negligence, the three-year period runs from the date of death. A solicitor can advise on exactly which date applies in your specific case.
What compensation can I receive for clinical negligence?
Compensation in clinical negligence cases falls into two categories. General damages cover pain, suffering, and loss of amenity, which means the impact the injury has had on your quality of life. Special damages cover quantifiable financial losses: lost earnings (past and future), care costs, medical expenses, and travel costs related to your treatment.
In serious cases involving long-term disability or permanent injury, compensation awards can reach hundreds of thousands of pounds. Smaller claims, such as a delayed diagnosis that caused temporary but recoverable harm, typically result in lower awards. The Judicial College Guidelines provide the ranges courts use when assessing general damages, and any solicitor should be able to give you an indication of where your claim might sit.
Clinical Negligence Claim: Step-by-Step Overview
| Stage | What happens | Typical timeframe |
|---|---|---|
| Initial consultation | Solicitor assesses your case; no charge | Week 1 |
| Medical records obtained | Records requested from NHS or private provider | 1-4 weeks |
| Expert medical report | Independent medical expert reviews your records | 3-6 months |
| Letter of claim sent | Formal letter sent to defendant | Month 6-12 |
| Defendant responds | NHS Resolution or insurer responds | Within 4 months |
| Negotiation or court | Most cases settle without going to court | 1-3 years total |
Do I have to sue the NHS to make a clinical negligence claim?
You do not sue the NHS trust directly in most cases. NHS Resolution (formerly the NHS Litigation Authority) handles clinical negligence claims on behalf of NHS trusts in England. Your solicitor will correspond with NHS Resolution throughout the process. If the case goes to court, it is typically settled before a full trial; the vast majority of successful claims resolve through negotiation.
Can I make a clinical negligence claim if I was treated privately?
Yes. Private healthcare providers carry their own professional indemnity insurance, and your claim would be directed at the individual clinician's insurer or the private hospital. The legal process is the same as for NHS claims.
What if my loved one died due to clinical negligence?
A fatal clinical negligence claim can be brought under the Fatal Accidents Act 1976 by the deceased's estate and dependants. Compensation can cover the deceased's pain and suffering before death, funeral expenses, and the financial dependency of surviving family members. The claim must generally be brought within three years of the date of death.
Will making a clinical negligence claim affect my future NHS treatment?
No. The NHS has a duty to treat you regardless of whether you have brought a claim against a trust. Your treating clinicians should not be informed of your claim during your ongoing treatment, and you should continue to receive care as normal.
Where can I get free advice about a clinical negligence claim?
AvMA (Action Against Medical Accidents) operates a free helpline on 0845 123 2352 and can refer you to specialist solicitors. Citizens Advice can also provide guidance on the claims process. If you believe you have been harmed, seek legal advice as soon as possible, given the three-year time limit.