Medical negligence — sometimes called clinical negligence — occurs when a doctor, nurse, surgeon, dentist, or other healthcare professional provides treatment that falls below the standard expected of a reasonably competent practitioner, and that failure causes harm. It covers errors in diagnosis, surgical mistakes, medication errors, failures to warn of risks, and inadequate aftercare.
What must you prove?
To succeed in a medical negligence claim, you must establish two things. First, that the treatment you received fell below the standard expected — known as a breach of duty. Second, that this breach caused the harm you suffered — known as causation. Both must be supported by independent expert medical evidence, which is why specialist solicitors are essential for these claims.
How is the standard of care assessed?
The standard is set by the Bolam test — would a responsible body of medical professionals in the same field have acted in the same way? A mistake is not automatically negligence; treatment that carries a risk of harm is not negligent if the risk was known and the decision to proceed was reasonable. The key question is whether the professional’s conduct fell outside the range of acceptable practice.
Common types of medical negligence
Delayed or missed diagnosis — particularly of cancer, heart attack, or stroke — is one of the most common forms. Surgical errors including operations on the wrong site or leaving instruments inside a patient, anaesthetic errors, birth injuries to mother or child, prescription of the wrong medication or dose, and failure to obtain informed consent before a procedure are also frequently litigated.
NHS versus private treatment
You can bring a claim against both NHS trusts and private healthcare providers. NHS claims are handled by NHS Resolution. Legal aid is available for birth injury claims involving children who are severely disabled as a result of negligence — one of the few remaining categories where legal aid applies in civil cases.
How long do claims take?
Medical negligence claims are rarely quick. Straightforward cases may settle in 12–18 months. Complex cases involving serious injury, disputed causation, or large financial losses can take 3–5 years. Your solicitor will pursue interim payments where possible if you have ongoing care needs while the claim is resolved.
Medical negligence claims are complex and require specialist solicitors with expert medical knowledge. A free initial consultation will tell you whether you have a viable claim.