Medical negligence FAQs

Questions answered.

General information about eligibility, time limits, NHS claims, evidence, compensation and the claims process.

What is medical negligence?

Medical negligence generally involves healthcare falling below a reasonable professional standard and causing avoidable injury, deterioration or additional loss.

Can I claim against the NHS?

Potentially. NHS treatment can give rise to a medical negligence claim where breach of duty and causation can be established.

How long do I have to make a claim?

The usual limitation period in many adult cases is three years, but the starting point and exceptions can be complex. Prompt legal advice is recommended.

Do I need my medical records before contacting you?

No. You can make an initial enquiry without having a complete set of records. Relevant records can be requested if the matter proceeds to investigation.

Will I have to go to court?

Many claims settle without a trial. Court proceedings may still be required where liability or the value of the claim cannot be agreed.

How much compensation could I receive?

Compensation is highly individual. It can reflect the injury itself and, where supported by evidence, financial losses, care, rehabilitation and future needs.

Can I claim on behalf of a child?

A suitable litigation friend can often bring a claim on behalf of a child. Different limitation rules apply to children.

Can a claim be made after someone has died?

In some circumstances, claims can continue or be brought after a death. The correct claimant and limitation position need individual assessment.

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