What is a medical negligence claim?

What is a claim for medical negligence?

Medical negligence occurs when a healthcare professional fails to deliver an acceptable standard of care, resulting in harm to the patient. Individuals who have suffered due to such failures may pursue a medical negligence claim to seek redress in the form of compensation. This article provides a detailed overview of the process, outlining the key stages involved and the legal principles that underpin it.

Defining medical negligence

Clinical negligence, often referred to as medical negligence, arises when a healthcare provider—such as a doctor, nurse, or surgeon—breaches their duty of care, causing injury or exacerbating an existing condition. To succeed in a claim, two fundamental elements must be established: a breach of duty (where the care fell below the expected standard) and causation (where this breach directly resulted in harm). Poor outcomes alone do not mean negligence has occurred; there must be evidence of substandard care and a clear link to the injury caused as a result of this.

Step 1: Assessing the viability of a medical negligence claim

The initial stage in the medical negligence claims process involves determining whether a claim has reasonable prospects of success.

A critical factor at this stage is the limitation period. Claims must generally be initiated within three years from the date of the negligence or from when the patient became aware of it. Exceptions apply, notably for minors (where the three-year period begins at age 18) or individuals lacking mental capacity, for whom no strict time limit exists unless capacity is regained.

Step 2: Obtaining evidence

The first step begins with obtaining your medical records, which provide a comprehensive account of the treatment you received from the view of the treating clinicians. These documents form the foundation of the case, detailing the care provided and any deviations from standard practice. We also take a witness statement from you to give full context to events alongside the records.

Independent medical expert evidence is also essential. Independent specialists review the records to assess whether the care met the required standard and whether any shortcomings caused harm. Their reports are pivotal in establishing both breach of duty and causation, offering an objective professional opinion on the matter.

Step 3: Engaging the defendant

Once supportive expert evidence has been obtained, allegations can be put to a defendant in a formal “Letter of Claim”. This document outlines the allegations, the harm suffered, and the basis for attributing liability. The defendant, often represented by NHS Resolution in public sector cases, has four months to investigate and respond with a “Letter of Response.” This reply will either admit liability wholly or in part, or contest the claim.

Step 4: Resolution or litigation

Should liability be admitted, the focus shifts to determining compensation (damages), which may cover pain and suffering, loss of earnings, or additional care costs. Over 98% of medical negligence claims resolve without a trial. The value of settlements varies widely, reflecting the severity of the harm and its long-term impact. The valuation of a claim is very specific to you and your individual circumstances.

If liability is disputed or a settlement cannot be agreed upon, the matter may proceed to court. Though uncommon, litigation involves a judge evaluating the evidence and adjudicating on liability and damages.

Step 5: Outcome and compensation

Upon a successful resolution—whether through settlement or court judgment—you receive compensation tailored to your losses. This is intended to address financial burdens such as medical expenses or lost income.

Duration of the process

The timeline for a clinical negligence claim varies. Straightforward cases may conclude within 18 to 24 months, while complex matters, such as those involving severe injuries or those that are disputed can extend over several years.

The purpose of pursuing a claim

Medical negligence claims serve multiple purposes: securing financial compensation, obtaining accountability, and, in some instances, prompting improvements in healthcare practice. While the process can be emotionally taxing, it provides a mechanism for redress when professional standards falter.

If you are considering a medical negligence claim, we recommend you speak with our team as a first step. We’ll work with you to carry out an informed assessment of your case’s merits, which is essential to navigating the claims process effectively. We have a proven track record of achieving the best possible results for our clients and care deeply about what we do.