Last Updated on May 30, 2025 by Nala Thorpe
Most medical treatments in the UK are administered successfully. However, in a minority of cases, the patient can end up worse off. Sometimes, this is the fault of the professional or organisation that dispensed the care. This is what’s known as medical negligence.
Recognising Medical Negligence and Your Legal Rights
It’s worth understanding exactly what medical negligence is and is not. For negligence to have occurred, the standard of care provided will need to be low – specifically, lower than the standard of care that would have been provided by a competent practitioner. What’s more, the patient will need to have suffered harm as a result.
In this instance, the patient will be entitled to pursue compensation (in the form of damages) in court. For money to be awarded, the claimant will need to demonstrate that harm has been suffered. Harm might take many forms, however, including physical, emotional, and financial.
The Claims Process: Steps to Take
A successful claim will unfold over several distinct stages.
To begin with, you’ll need to get the right legal expertise in your corner. This might mean recruiting a solicitor who specialises in medical negligence claims to look at your case. Most of the time, these solicitors will proceed on a no-win, no-fee basis. They’ll act on your behalf only if they feel that the case has merit, and take their fee from your winnings.
For your case to be successful, you’ll need to provide evidence. This is something that your lawyer can help you with. You’ll need medical records, including correspondence from the hospital. Any witnesses involved might make a statement on your behalf. The defendant might be required to release evidence to support your case – but actually making that happen is a job for a lawyer.
Finally, you’ll need to actually file the claim. This must typically done within three years of the point at which you became aware of the harm suffered. Or, if the harm was suffered before you turned eighteen, you’ll have until you’re twenty-one to make the claim.
Understanding Compensation: What You May Be Entitled To
The compensation you’re awarded will be commensurate with the harm you’ve suffered, and the extent to which it was affected by the negligence.
Harm can take many forms, including the pain and suffering you’ve endured. You might find yourself financially worse off because of the negligence, as a result of decreased earnings (like a loss of a job, or a career), or increased costs (stemming from travel to the hospital, for example). The costs covered might extend into the future, which can be particularly welcome for claimants who have suffered life-changing injuries.
Seeking Support: Resources for Victims of Medical Negligence
Professional help can take forms other than legal support. You might need additional medical care as part of your rehabilitation process. Or, you might require additional emotional support and counselling services. There are also organisations that can speak up for you to affect change in the healthcare system – or empower you to speak up for yourself.
