How long do you have to make a medical negligence claim?
In many cases the standard limitation period is three years, but the point at which those three years begin can vary and important exceptions may apply.
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Hospital & treatment
Hospital Negligence Claims
Hospital negligence can occur across diagnosis, treatment, monitoring, communication and discharge. Claims may relate to NHS or private treatment depending on the circumstances.
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1
Failure to monitor deterioration
2
Treatment delays
3
Communication failures between teams
Last updated 6 August 2026
Understanding the claim
What can amount to hospital negligence?
A poor outcome alone does not prove negligence. The investigation considers what a reasonably competent healthcare professional should have done and whether any failure made a material difference to the outcome.
Failure to monitor deterioration
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Treatment delays
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Communication failures between teams
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Incorrect discharge decisions
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Failure to act on test results
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Inadequate follow-up care
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Evidence
How a hospital negligence claim may be investigated
Relevant evidence depends on the circumstances. Common sources include:
01
Inpatient records
The evidence is considered alongside the chronology and appropriate independent expert opinion.
02
Observation charts
The evidence is considered alongside the chronology and appropriate independent expert opinion.
03
Test results
The evidence is considered alongside the chronology and appropriate independent expert opinion.
04
Specialist expert evidence
The evidence is considered alongside the chronology and appropriate independent expert opinion.
The process
What happens after an initial enquiry
- 01
Initial enquiry
Tell us what happened, when the treatment took place and how you were affected.
- 02
Early assessment
The key facts, limitation position and whether further investigation may be appropriate are considered.
- 03
Records & evidence
Relevant medical records, chronology and evidence of any financial losses may be obtained.
- 04
Expert review
Appropriate independent experts may address breach of duty, causation, condition and prognosis.
- 05
Claim & negotiation
Where the evidence supports a claim, the relevant defendant can be notified and liability or settlement discussed.
- 06
Resolution
The matter may conclude by agreement or, where necessary, through the court process.
Compensation
What can compensation take into account?
There is no reliable generic calculator for medical negligence. Where liability is established, compensation can reflect the individual injury and financial consequences supported by evidence.
- Pain, suffering and loss of amenity
- Past and future loss of earnings
- Care and assistance
- Rehabilitation and treatment
- Equipment, travel or accommodation needs
- Other reasonable losses caused by the injury
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Questions answered
Hospital Negligence FAQs
Can I claim for NHS hospital treatment?
Potentially, where the legal tests for breach of duty and causation are met.
Can private hospital care also be investigated?
Yes. The parties and insurance arrangements can differ, but private medical treatment can also give rise to negligence claims.
Related guidance
Useful medical negligence guides
How medical negligence claims work
A plain-English overview of breach of duty, causation, medical records, expert evidence and the main stages of a claim.
Read guide →
Can you claim for an A&E misdiagnosis?
Key considerations where emergency care failed to recognise, investigate or appropriately respond to a serious condition.
Read guide →Free initial enquiry
Talk to us about a potential hospital negligence claim.
Tell us what happened and our team can explain the next steps.