Medical negligence can have a profound impact on a person’s life, affecting both health and well-being. Across the UK, patients place their trust in healthcare professionals, expecting safe and effective treatment.

However, when standards fall short, individuals may be entitled to pursue medical negligence claims.

Understanding the process, time limits, and evidence requirements can help patients make informed decisions about their next steps.

What is a medical negligence claim?

Medical negligence occurs when a healthcare professional provides treatment that falls below the accepted standard, directly causing injury or harm to the patient. This could involve misdiagnosis, surgical errors, incorrect prescriptions, or poor aftercare.

Medical negligence solicitors are legal professionals who specialise in assessing these cases, advising whether a claim is likely to succeed, and guiding clients through the legal process.

The claims process

1. Initial assessment
   
   The first stage usually involves an initial consultation with a legal expert to determine whether the circumstances meet the legal definition of negligence. Patients are encouraged to share medical records, hospital correspondence, and details of the treatment received.
2. Gathering evidence
   
   Evidence is critical in medical negligence claims.
   
   This can include:

• Medical records and test results 
• Expert medical opinions 
• Witness statements from family or friends 
• Records of expenses or financial losses caused by the negligence 

3. Building the case
   
   Once sufficient evidence has been collected, the solicitor will prepare a formal letter of claim outlining the allegations and the impact of the negligence. The healthcare provider or their insurer will then have an opportunity to respond.
4. Settlement or court proceedings
   
   Many cases are resolved through negotiation. However, if the parties cannot reach an agreement, the case may proceed to court, where a judge will decide the outcome.

Time limits for making a claim

In most cases, the time limit for starting a medical negligence claim in the UK is three years from the date of the incident, or from when the patient first became aware that negligence had occurred. For children, the three-year limit starts on their 18th birthday, and for those lacking mental capacity, the limit may not apply until capacity is regained.

Funding Options: No win no fee

For many people, the cost of legal action can be a concern. The no win no fee medical negligence agreement (also known as a Conditional Fee Agreement) allows claimants to pursue compensation without paying upfront legal fees. If the claim is unsuccessful, the client typically does not have to pay the solicitor’s fees, offering financial protection during what can be a stressful time.

Why evidence matters

Strong evidence is the foundation of a successful claim. Not only does it prove that negligence occurred, but it also demonstrates the link between the negligent act and the harm suffered. Without clear documentation and expert opinions, claims may struggle to meet the legal threshold for success.

Early legal guidance makes all the difference

Medical negligence claims are often complex, requiring a thorough understanding of the law, strict time limits, and careful preparation of evidence. By seeking early advice from experienced medical negligence solicitors, patients can better understand their options and improve their chances of achieving a fair outcome. 

Those affected should remember that help is available, and taking informed action can be an important step toward recovery and justice.