If you’ve suffered due to clinical or medical negligence, you may be feeling overwhelmed, let down, and unsure where to turn.

Medical mistakes can have lasting physical, emotional and financial effects.

At Truth Legal, we understand how serious these situations can be. That’s why we’re here to support you with honest advice and help you explore whether you have a clinical negligence compensation claim.

What is a clinical negligence claim?

A clinical negligence claim arises when medical care fell below an acceptable standard and caused you harm. Healthcare professionals owe every patient a duty of care. When that duty is breached and the breach causes injury, illness, or a worsening of an existing condition, you may have grounds to claim.

The legal test has two parts: breach of duty and causation. Breach of duty asks whether the care fell below the standard a reasonably competent professional in the same role should have met. Causation asks whether that substandard care actually caused your harm. Both must be established.

A poor outcome or unexpected complication does not automatically mean negligence occurred.

Common examples include:

• A missed or delayed diagnosis of cancer, sepsis, or stroke
• Surgical errors, including damage to surrounding tissue or organs
• Prescribing the wrong medication or the wrong dosage
• Failure to act on test results or investigate symptoms
• Failure to obtain informed consent before a procedure
• Birth injuries to a mother or baby during labour and delivery

Clinical negligence can arise in NHS hospitals, GP surgeries, private clinics, dental practices, care homes, and mental health services. If you are considering a personal injury or clinical negligence claim, understanding this two-part test is the right place to start.

Could my experience count as clinical negligence?

Your experience may count as clinical negligence if a reasonably competent professional in the same role would have acted differently, and that different course of action would have prevented your harm. The error must have caused harm that would not otherwise have occurred, or must have materially worsened an existing condition.

Medicine involves inherent risk. Documented risks that materialise do not, in themselves, indicate negligence. Our solicitors are direct about this – pursuing a claim that cannot meet the legal threshold serves no one.

You do not need a definitive answer before speaking to us. Forming that assessment, through medical records and independent expert review, is what the initial stages of a claim are designed to do. Claims can also be brought on behalf of a family member who has died as a result of substandard care, in certain circumstances.

How much compensation could I receive for a clinical negligence claim?

Compensation in a clinical negligence claim is calculated under two headings. General damages cover pain, suffering, and loss of amenity – the impact of the harm on your life. Special damages cover financial losses that can be evidenced and quantified.

Special damages can include:

• Loss of earnings, both past and future
• The cost of private medical treatment or rehabilitation
• Ongoing care costs, whether professional or provided by family members
• Home or vehicle adaptations required as a result of the injury
• Travel expenses incurred as a direct result of the harm

Awards vary considerably. Minor but avoidable harm may result in compensation of a few thousand pounds. Claims involving permanent disability, long-term care needs, or significant loss of earning capacity can result in substantially larger settlements. Severity, permanence, and long-term impact are the principal factors in any valuation.

No solicitor can guarantee a specific amount at the outset. We can give you a clear and realistic assessment of the range that cases with similar facts have achieved, and keep that updated as the evidence develops.

How much does it cost to make a clinical negligence claim?

We handle clinical negligence claims on a no win no fee basis, formally known as a Conditional Fee Agreement. You pay nothing upfront and nothing if the claim is unsuccessful.

If the claim succeeds, a success fee is deducted from the compensation you receive. This is capped by law at 25 percent of certain heads of damages – it does not apply to future care or future losses – and the exact percentage is agreed with you in writing before any agreement is signed.

After-the-event (ATE) insurance is also typically arranged at the outset. ATE insurance protects you against having to pay the defendant’s legal costs if the claim is unsuccessful. Your solicitor will explain when the premium becomes payable and what it is likely to cost in your case.

Check whether you have legal expenses insurance (LEI) before proceeding – this is often included in home contents or motor insurance policies, and many people are unaware they have it. If you do, it may cover the cost of bringing a claim.

All deductions that could affect your compensation will be explained clearly before you are asked to sign anything. Legal aid is not generally available for clinical negligence claims, with very limited exceptions.

What types of clinical negligence claims can I make?

We handle a wide range of clinical negligence claims for clients across Yorkshire and nationally, on a no win no fee basis.

Misdiagnosis and delayed diagnosis

• Delayed or missed diagnosis of cancer, sepsis, stroke, and heart attack
• Failure to act on test results or refer for further investigation

Surgical errors

• Wrong site surgery and retained surgical instruments
• Avoidable damage to surrounding tissue, nerves, or organs

GP negligence

• Failure to refer a patient with concerning symptoms to a specialist
• Incorrect prescribing, including wrong medication or dosage
• Failure to act on abnormal test results

Birth injuries

• Injuries to the mother during labour and delivery
• Injuries to a baby, including hypoxic brain injury and cerebral palsy caused by delayed intervention

Anaesthetic errors and medication mistakes

• Errors in administering anaesthesia before or during a procedure
• Prescribing or dispensing the wrong drug or an incorrect dose

Claims across all provider types

We handle claims against:

• NHS trusts
• Private hospitals
• GP practices
• Care homes
• Dental providers

If your situation does not appear in this list, speak to our clinical negligence solicitors. This list covers the most common claim types but is not exhaustive.

How do I make a clinical negligence claim?

Making a clinical negligence claim involves several distinct stages.

Step 1: Free initial consultation

Your solicitor will discuss what happened, assess the potential merits of a claim, and explain the funding options available to you. There is no obligation to proceed and no cost at this stage.

Step 2: Obtaining your medical records

Your solicitor will request your medical records on your behalf. This is standard practice and has no effect on your ongoing treatment or your right to receive care.

Step 3: Independent medical expert review

A specialist in the relevant field assesses whether your care fell below the required standard and whether that caused your harm. This is the most important evidential stage. Finding the right expert, allowing thorough review, and receiving a detailed written report often takes several months. The expert’s opinion determines whether the claim proceeds and on what basis.

Step 4: Letter of claim

Once expert evidence supports the claim, a formal letter of claim is sent to the defendant. Under the Pre-Action Protocol for clinical disputes, the defendant – usually an NHS trust, defended by NHS Resolution – has four months to investigate and respond.

Step 5: Negotiation, settlement, or court proceedings

The large majority of clinical negligence claims settle through negotiation, without going to trial. If court proceedings are issued, many cases still settle before a hearing takes place.

Throughout the process, your solicitor manages all communication with the defendant and keeps you informed at every stage.

How long does a clinical negligence claim take?

Clinical negligence claims take longer to resolve than most other [personal injury claims](LINK: personal injury claims). The complexity of the medical issues and the expert evidence required mean timescales are rarely short.

Straightforward cases may settle within 12 to 18 months. Claims involving serious or permanent injury, complex medical questions, or disputed liability can take three to five years or more. Several factors affect the timetable:

• The complexity of the medical issues and the number of expert witnesses required
• The availability of appropriate experts in the relevant field
• Whether the defendant accepts or disputes liability
• Whether court proceedings become necessary and the court’s timetable

The Pre-Action Protocol alone requires four months for the defendant to respond to the letter of claim, before any negotiation begins. Even after proceedings are issued, most cases settle before trial.

Interim payments – advance payments on account of final compensation – can sometimes be obtained during the process. These can fund urgent care, treatment, or home adaptations while the claim continues.

The wait is genuinely difficult, particularly when you are living with the consequences of the harm. Your solicitor will provide regular updates and explain clearly what is happening at each stage.

What is the time limit for making a clinical negligence claim?

The standard time limit for a clinical negligence claim is three years. That period does not always begin on the date the negligent act occurred – it begins on the date of knowledge, when you became aware, or reasonably should have become aware, that your harm may have been caused by substandard care.

In practice, this distinction matters. If negligent treatment took place in 2018 but you only learned in 2023 that your condition had been negligently missed, the three-year period may run from 2023. The precise date of knowledge depends on the specific facts and requires legal advice.

If you were aware something went wrong but did not connect it to negligence until a later point – following a second opinion, for example – the date of knowledge may reflect that later realisation.

• Children: The three-year period does not begin until the child’s 18th birthday, meaning a claim can be brought up to their 21st birthday.
• Adults who lack mental capacity: The limitation period does not run while the person lacks capacity to conduct legal proceedings.
• Deceased: Family members generally have three years from the date of death, or from the date they became aware negligence may have contributed, whichever is later.

Time limits are strict. If the deadline is missed, the right to bring a claim is almost certainly lost. If you are unsure whether your time limit has passed or is approaching, contact our clinical negligence solicitors as soon as possible.

Will making a clinical negligence claim affect my NHS treatment?

Making a clinical negligence claim does not affect your right to receive NHS treatment. Healthcare providers have a legal and professional obligation to treat patients regardless of any complaint or legal claim being made against them.

Claims against NHS trusts are handled by NHS Resolution, a specialist body that manages clinical negligence litigation on behalf of NHS providers. The clinical staff responsible for your ongoing care are not involved in that process and, in many cases, will have no knowledge of a claim relating to a different provider or an earlier episode of your treatment.

If your claim involves the same clinical team currently treating you, raise this with your solicitor directly. Our solicitors will advise you on the practical position given your specific circumstances.

Many clients find that the legal process provides the answers and accountability that the NHS complaints procedure alone was unable to deliver. That is a consideration that matters to many people when deciding whether to proceed.

What should I do if I think I have a clinical negligence claim?

If you believe you may have a clinical negligence claim, do not delay. Time limits apply, and evidence is easier to gather closer to the events in question.

Before speaking to a solicitor, take the following steps if you are able to:

• Write down everything you can recall – dates, clinician names, symptoms, changes you noticed, and anything you were told at the time
• Gather any letters, discharge summaries, appointment confirmations, or correspondence from the healthcare provider
• Note any financial losses already incurred, including time off work, private treatment costs, or travel expenses

You do not need a complete picture before you contact us. Gathering the full picture – including obtaining and reviewing your medical records – is what the initial stages of a claim are for.

We offer a free initial consultation with no obligation to proceed. Enquiries are handled by our clinical negligence solicitors, not call centre staff.

We act for clients across Yorkshire – with offices in Harrogate, Leeds, and Hull – and nationally. You can contact us by phone, by email, or by completing our short online enquiry form.

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Clinical Negligence FAQs

Can I claim if I am not sure whether it was negligence or just a complication?

Yes – you do not need to be certain before seeking legal advice. Our solicitors will review your medical records and instruct an independent expert to assess whether the care you received fell below an acceptable standard and, if so, whether it caused your harm.

Many people who are genuinely unsure find that the expert review gives them a clear answer either way. If the expert concludes there is no case to answer, we will tell you honestly rather than pursue a claim that is unlikely to succeed.

Can I make a claim on behalf of a family member who has died?

In many cases, yes. If a family member died as a result of clinical negligence, a claim can be brought by their estate. Certain family members may also be entitled to claim for their own losses, such as financial dependency or, in limited circumstances, bereavement damages.

The time limit is generally three years from the date of death or from the date the family became aware that negligence may have contributed – whichever is later. Seek advice promptly, as gathering evidence after a death can be more complicated.

I have already complained to the hospital – can I still make a claim?

Yes. Making a formal complaint does not affect your right to bring a legal claim. In some cases, the response to a complaint can provide useful information or admissions that support a claim.

The two processes are separate, and pursuing one does not prevent or limit the other. If your complaint is ongoing, let our clinical negligence solicitors know – they will advise on how best to manage both processes at the same time.

How can Truth Legal help?

When you’ve been through a medical nightmare, often the last thing you want is a period of more upheaval. The idea of bringing a claim can be daunting.

We understand that the human side of a claim should not be ignored. After all, it is the whole point of the claim. Compensation is not just financial, it has wider significance in how you come to terms with your injuries and move forward with your life. It can represent a way of making a difference, and allows you to take a stand against the mistakes that affected you – often in the hope that they are not repeated with someone else.

Truth Legal’s solicitors are experienced specialists in making all kinds of clinical negligence claims. We have helped many clients recover justly-deserved compensation for the pain and suffering they have experienced. We are based in Harrogate, Hull and Leeds..

If you would like to start your claim for compensation, contact us today to discuss your case.