How to make a medical negligence claim

We’re extremely lucky and grateful to have access to a healthcare system in the UK. While most of the time people don’t have any problems, sometimes things can go wrong and patients can be harmed as a result of medical negligence.

Medical negligence claims are complex, and therefore, getting the right support and advice early on is important. If you believe you, or your family, have been harmed as a result of medical negligence, our specialist solicitors can support you through the process of making a hospital complaint and a claim for compensation.

Do I have a case for medical negligence?

If you, or a family member, have suffered as a result of a medical professional’s negligence or treatment, you may have a case for medical negligence. You could have a medical negligence case if you have suffered or have been harmed as a result of:

• A medical misdiagnosis: When a medical professional fails to identify and diagnose a patient’s symptoms, or gives the wrong diagnosis and incorrectly diagnoses the patient’s symptoms.
• Surgical negligence: When a surgeon has performed the wrong surgery on a patient and has caused more harm.
• Prescription error: When a medical professional has prescribed the wrong medication or supplied the wrong dosage.
• Birth injury: When medical staff have failed to recognise serious conditions, or if a mother and their baby have received poor care during childbirth, which has resulted in a birth injury.

Can I make a medical negligence claim?

Anyone who believes they have been harmed as a result of negligent behaviour by a healthcare professional, medical treatment or misdiagnosis may be entitled to claim for compensation. The steps below will help you to understand how to make a medical negligence claim and how our solicitors can support you through the claim process.

Steps to making a medical negligence claim

Who is responsible for covering the cost of legal fees

At the end of the case, there will be costs incurred from representing you in the claim. At Thompsons, we offer a ‘no win, no fee’ agreement, which means that if your claim is unsuccessful, you will not have to pay a contingency fee for your lawyer’s services. If your claim is successful, we only take up to, but never more than, 25% of the final compensation amount, whereas other law firms will take larger deductions.

If you are a trade union member, contact your representative for more information about the cost of legal fees. You can learn more about our fees and payment options here.

What is the time limit for making a claim?

There is a medical negligence claims time limit of three years from the date of the injury or diagnosis, or from the time you believe that your symptoms were caused by medical negligence or treatment that caused you an injury. If you were given surgical treatment years ago and decades later it transpired that the treatment you had received was incorrect or breaching guidelines, then you would be entitled to make a claim, as long as you started that claim within three years of being told about the negligence.