Medical Negligence

Your quick guide to claiming for medical negligence

Medical negligence is poor medical care that causes injury, makes your condition worse, or delays recovery
You can make a claim against the NHS or private healthcare providers if they fail in their duty of care
Most claims are on a No Win No Fee basis – no upfront costs, and you only pay if your claim succeeds (usually up to 25% of your compensation although it may be higher or lower depending on your circumstances)

Our simple 5 step process to get you compensation:

Contact First4Lawyers – call us free or use the online form
We'll assess whether you have a valid claim
If eligible, we'll match you with a specialist medical negligence solicitor
Your solicitor will gather evidence – medical records, expert opinions, witness statements
Most claims are settled without going to court - over 80% are resolved early

On this page...

Medical Negligence Claim Types

>Cancer Claims

>Childbirth and Gynaecology

>Cosmetic Surgery Negligence

>Dental Negligence Claims

>Fatal Negligence

>Hospital Negligence Claims

>Misdiagnosis Claims

>NHS and GP Negligence

>Surgery Negligence

>Other Medical Negligence Claims

>More Information on Medical Negligence

>Near You

What is medical negligence?

Medical (or clinical) negligence occurs when poor or substandard medical care causes injury, illness, or a worsening condition. Though rare, its effects can be devastating.

It happens when a medical professional makes an avoidable mistake or fails in their duty of care, such as:

Misdiagnosing a condition
Not warning of treatment risks
Failing to prevent infection

If your health has worsened after treatment, you may be entitled to claim compensation with help from our specialist medical negligence solicitors.

How much compensation will I receive?

Every medical negligence claim is unique, so compensation varies by case.

Compensation is divided into:

General damages – for pain, suffering, and lifestyle changes caused by negligence.
Special damages – for financial losses, such as lost earnings or recovery expenses.

Compensation aims to help you return to the position you were in before the negligence occurred. First4Lawyers can help you claim what you’re legally entitled to.

Who will I claim against?

When you claim against the NHS, you won’t be claiming directly against your hospital or GP. NHS Resolution is the body that handles claims against the service. This is who you will claim against. If you have suffered from NHS negligence, First4Lawyers could help you make a claim for compensation to help get you back on your feet.

Meanwhile, errors also take place in private healthcare organisations. If you have been the victim of a private hospital or clinician’s error, you could be entitled to compensation.

Private healthcare providers have their own insurers. You will claim against the insurer, rather than the doctor or hospital directly.

How long do I have to make a claim?

In the UK, you usually have three years from the date of the negligence to make a medical negligence claim, so it’s best to act quickly.

There are exceptions for those under 18, those lacking mental capacity, or when the negligence is discovered later.

To find out more about how long you have to make a claim, just get in touch.

How long will a claim take?

Each clinical negligence case is different, so the time to settle varies. Simple claims may take months, while complex ones can take years.

If the medical provider admits fault, your claim will resolve faster; if they deny liability, it may go to court, which can extend the process.

Your solicitor will guide you on expected timelines, keep you updated, and support you throughout your claim.

Will I have to go to court?

You may be worried about going to court, but this is very unlikely. Most medical negligence claims don’t go to court – NHS Resolution reports that 83% are settled out of court.

If your case does go to court, your lawyers will ensure you’re fully prepared and confident in presenting your story.

How can First4Lawyers help?

First4Lawyers has extensive experience handling all types of medical negligence claims. Our compassionate and friendly advisors aim to make the process as stress-free as possible for you and your family.

We’ve helped thousands of people, like Justin – who received £15,000 for a misdiagnosed broken wrist – get the justice and compensation they deserve. Working with top medical negligence solicitors, we’re committed to helping you right the wrongs you’ve experienced.

Only pay a fee if you receive compensation

Where we offer No Win No Fee services typically customers pay 25% of the amount recovered to our solicitors, although this may be higher or lower subject to your individual circumstances. Please note this excludes claims for Road Traffic Accidents where customers typically pay 35% + VAT due to changes introduced through the Civil Liability Act 2018.

First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.

Meet Jacqueline

Head of Legal Services

A qualified solicitor, Jacqueline Busby has experience in handling complex injury cases and has worked in the legal sector since 2009.

She says: "An injury can cause both physical and financial distress. If you've had to take time off work to recover, you may be concerned about how to pay your bills. But you're entitled to compensation after an accident that wasn't your fault."

Find out more about making a compensation claim by getting in touch with our expert team.

Can I get an early payout?

It may be possible for you to receive an early compensation payout, known as an interim payment.

When this happens, you will receive part of your compensation before your medical negligence claim is fully settled. You can use these funds to ensure you receive the care you need to help aid your recovery.

Your solicitor will be able to talk you through interim payments and arrange one for you if necessary.

Will I need a medical exam?

In most cases of clinical negligence, you will need a medical exam. Your lawyer will let you know whether this is necessary in your case.

Your solicitor will arrange for you to be assessed by a medical expert. They will assess how severe your injury or illness is and what impact it has on your daily life – both now and in the future.

The assessment will form part of your evidence. It may also be necessary to access your medical history to form part of the evidence in your claim. This will show how your health has been affected by your experience of clinical negligence.

Can I claim on behalf of someone else?

Yes, it is possible for you to claim on behalf of someone else.

In most cases, this will be on behalf of a child or someone who lacks the ability to claim for themselves.

You could face different time limits for making a claim on behalf of someone else, so give us a call to find out more.

Can I make a claim after three years?

Most people who have experienced medical negligence will have three years to begin a claim. This means that you should start your claim as soon as possible.

Starting a claim after the three-year deadline has passed is typically not possible. But there are exceptions.

For example, if you only discovered after the deadline has passed that your injury was caused by medical negligence, you would have three years from the date you found out to make a claim. This is known as the date of knowledge.

If you’re not sure whether you could still make a claim, just get in touch and our friendly advisors will talk you through your options.

Should I complain to the hospital or NHS trust?

After an experience of medical negligence, you can complain to the organisation responsible. It isn’t the same as making a claim, but it can highlight the problem to the hospital or trust and allow them to address it.

To write a letter of complaint, make sure you have a record of the details of your experience. Inform the healthcare provider what you are complaining about, the facts around what happened and copies of any evidence.

Your complaint can also form part of your evidence.

How does No Win No Fee work?

In England and Wales, you could make a No Win No Fee medical negligence claim. This means that you won’t have to pay any fees upfront, letting you focus on your recovery rather than funding legal action.

You will also have nothing to pay if your claim is not successful, so you don’t face any financial risk by pursuing a claim.

If you are awarded compensation, you will pay your lawyers a success fee. This will typically be 25% of your total compensation amount, but it is based on your individual circumstances so could be higher or lower. Please note this excludes claims for road traffic accidents, where customers typically pay 35% + VAT due to changes introduced through the Civil Liability Act 2018. Your solicitor will make sure you are informed of all the details surrounding fees at the beginning of the process, so there won’t be any surprises.

Will my treatment be affected if I make a claim?

Making a claim does not affect your right to medical treatment. You are entitled to proper care.

If you suspect that you are not receiving the appropriate level of care, we can advise you on your rights. You may prefer to be treated at a different hospital or by a different doctor. We can help you get the right treatment for you.

Can you help me get the treatment I need?

When you make a medical negligence claim, you may require further treatment to get you back to the position you were in before your experience of negligence happened.

Your solicitor could help you by arranging certain treatments for you. This could include physiotherapy, dental work or other forms of healthcare to help you recover.

To find out more, just get in touch.

Medical Negligence Solicitors