Medical Negligence Claims — Clinical Negligence Solicitors
Last reviewed: June 2026 · EA Personal Injury Solicitors
You may be able to claim for medical negligence if NHS or private healthcare fell below a reasonable standard and caused you avoidable harm, for example through delayed diagnosis, surgical error, birth injury or a prescription error. Expert medical evidence is needed to show both that the care was substandard and that it caused the harm.
TL;DR — Quick Summary
Key Points
- Poor outcome alone does not establish negligence — you must show substandard care caused avoidable harm.
- Claims can be brought against NHS and private healthcare providers.
- Expert medical evidence is essential to prove breach of duty and causation.
- The usual time limit is three years from the negligence or date of knowledge.
- Children have until their 21st birthday to claim.
- No win, no fee is available for many medical negligence claims.
What Is Medical Negligence?
Medical negligence — also called clinical negligence — occurs when a healthcare professional or organisation provides care that falls below the standard expected of a reasonably competent professional in their position, and that substandard care causes a patient avoidable harm.
To succeed in a medical negligence claim, two things must be established:
- Breach of duty: The standard of care provided was below what a reasonable healthcare professional in the same specialty would have provided in the same circumstances.
- Causation: The breach of duty caused (or materially contributed to) the harm suffered. The harm must have been avoidable — that is, it would not have occurred had the correct standard of care been provided.
Both elements are typically required to succeed. They are usually established through independent expert evidence from a specialist in the relevant field.
Poor Outcome Is Not Necessarily Negligence
It is important to understand that not all poor outcomes from medical treatment amount to negligence. Medicine involves inherent risk and uncertainty, and sometimes things go wrong despite the best possible care. The relevant question is not whether the outcome was bad, but whether the standard of care provided was below that which a reasonable professional would have provided.
What Types of Cases Can Be Claimed?
We can advise on a wide range of medical negligence claims, including:
NHS and Private Healthcare Claims
Medical negligence claims can be brought against both NHS and private healthcare providers. NHS claims are managed through NHS Resolution (formerly the NHS Litigation Authority). Private healthcare claims are brought against the individual practitioner and/or the private hospital or clinic.
The legal principles are the same whether the care was provided by the NHS or privately. The relevant question in both cases is whether the care fell below the required standard.
Expert Evidence
Unlike most personal injury claims, medical negligence cases almost always require independent expert medical evidence. We obtain reports from consultants in the relevant specialty — for example, a consultant obstetrician for birth injury cases, a neurosurgeon for brain surgery claims, or a GP for primary care negligence.
The expert will review your medical records and give a formal opinion on whether the care was substandard and whether it caused the harm you suffered. This evidence is crucial to the success of the claim.
Time Limits
The usual limitation period for medical negligence claims is three years from the date of the negligence, or three years from the date of knowledge — whichever is later. The date of knowledge is the date you first became aware (or ought reasonably to have become aware) that you suffered significant injury caused by substandard care.
Important exceptions:
- Children: Three years from their 18th birthday (until age 21).
- Mental capacity: The limitation period may not run against a person lacking mental capacity.
- Fatal cases: Three years from the date of death or date of knowledge.
Seek advice as soon as possible if you are concerned about time limits.
Research References
- NHS Resolution. Annual Report and Accounts. NHS Resolution, 2024. (Source for NHS clinical negligence claim volumes and costs.)
- NHS England. Patient Safety Strategy. NHS England.
- Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 — the foundational case establishing the standard of care in clinical negligence claims.
No Win, No Fee Medical Negligence
Many medical negligence claims can be handled under a no win, no fee conditional fee agreement. This means you generally do not pay our legal fees if the claim is unsuccessful. If the claim succeeds, a success fee may be deducted from your compensation. We will explain all costs clearly before you decide to proceed.
Medical negligence cases often require significant early investment in expert evidence, and we will discuss the funding position honestly at the outset.