Clinical Negligence

Clinical negligence refers to substandard medical care that causes harm to patients, focusing on the failure to meet expected standards. Medical malpractice is broader, encompassing professional misconduct and breaches of duty beyond just clinical care. Both can result in compensation claims, but malpractice may also involve regulatory proceedings.

Common types include misdiagnosis or delayed diagnosis, surgical errors, medication mistakes, birth injuries, anaesthetic complications, hospital-acquired infections, emergency department delays, and cancer misdiagnosis. Surgical errors and diagnostic failures account for the majority of clinical negligence claims in the UK.

To prove clinical negligence, we must establish that the healthcare provider owed you a duty of care, they breached that duty by falling below acceptable standards, their failure directly caused your injury, and you suffered actual harm. This requires expert medical evidence from independent specialists in the relevant field.

Yes, you may still have a claim if negligent treatment accelerated your condition's deterioration, caused additional complications, or deprived you of a chance of better outcomes. Even if the original condition was serious, you can claim compensation for the additional harm caused by negligent care.

Compensation includes general damages for pain, suffering and loss of amenity (typically £1,000-£500,000+), and special damages for financial losses like medical expenses, lost earnings, care costs, and rehabilitation. Severe cases involving lifelong care needs can result in multi-million pound awards.

NHS Trusts have 4 months to investigate and respond to a Letter of Claim under the Pre-Action Protocol for Clinical Negligence. They may request a 3-month extension in complex cases. This investigation period allows them to gather evidence and determine whether they will admit liability or defend the claim.

Yes, you can pursue both a complaint through the hospital's complaints procedure and a legal claim simultaneously. However, the complaints process focuses on lessons learned and service improvement, while a legal claim seeks financial compensation. The complaints process won't provide compensation for your injuries.

If settlement negotiations fail, your case may proceed to court. This involves formal court proceedings where both sides present evidence, including expert medical testimony. Most cases settle before trial, but if it proceeds, a judge will determine whether negligence occurred and assess appropriate compensation.

Yes, signing a consent form doesn't prevent you from claiming if you received negligent treatment. Consent forms acknowledge known risks of procedures, but they don't excuse healthcare providers from their duty to provide competent care. You can still claim if the treatment fell below acceptable standards.

Seek immediate medical attention if needed, then gather your medical records and any relevant documentation. Take photos of visible injuries if safe to do so. Keep a diary of your symptoms and their impact on your life. Contact a specialist clinical negligence solicitor promptly for a free assessment, as time limits apply.