Medical Negligence Claims UK - How to Sue the NHS

Making a Medical Negligence Claim

Medical negligence occurs when a healthcare professional provides substandard care that causes harm. If you've been affected, you may be entitled to significant compensation. These are complex claims that require specialist legal help.

What Is Medical Negligence?

Medical negligence (also called clinical negligence) is when:

• Healthcare fell below acceptable standards
• This caused you injury or made your condition worse
• The harm was avoidable with proper care

Common Types of Medical Negligence

Diagnosis Errors

• Missed or delayed diagnosis (especially cancer)
• Misdiagnosis leading to wrong treatment
• Failure to refer to specialist

Surgical Errors

• Wrong site surgery
• Damage to organs or nerves
• Retained surgical items
• Infection from poor hygiene

Medication Errors

• Wrong medication prescribed
• Incorrect dosage
• Failure to consider drug interactions
• Allergic reaction (known allergy)

Birth Injuries

• Cerebral palsy from oxygen deprivation
• Erb's palsy from difficult delivery
• Failure to perform timely caesarean

Other Negligence

• Failure to obtain informed consent
• Delayed treatment
• Poor aftercare
• Nursing home neglect

What You Must Prove

Two elements are essential:

1. Breach of Duty

The care fell below the standard expected of a competent medical professional. This is assessed by expert medical evidence.

2. Causation

The negligence directly caused your injury. This is often the most difficult part - you must prove that but for the negligence, you wouldn't have suffered the harm.

Time Limits

• Adults: 3 years from date of negligence OR date you became aware
• Children: Until their 21st birthday
• Mental capacity: No limit while lacking capacity

Compensation Amounts

Medical negligence compensation can be substantial:

• Minor injuries: £1,000 - £10,000
• Moderate injuries: £10,000 - £100,000
• Serious injuries: £100,000 - £500,000
• Severe/catastrophic: £500,000 - several million
• Birth injuries: Often £1m+ (lifetime care costs)

Plus special damages for losses, care costs, and future needs.

The Claims Process

1. Get your medical records - You're entitled to these
2. Expert assessment - Medical expert reviews your case
3. Letter of Claim - Formal notification to NHS Trust
4. Trust's response - They investigate and respond
5. Negotiation - Most cases settle
6. Court - If settlement isn't reached

NHS Resolution

NHS claims are handled by NHS Resolution (formerly NHSLA). They defend claims robustly but also settle valid cases.

Funding

We handle medical negligence claims on a no win no fee basis. You don't pay unless you win.

Get Specialist Help

Medical negligence claims are complex and require specialist solicitors. MCR Solicitors has experience in clinical negligence cases. Call 0161 466 1280 for a free case assessment.