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.
Making a clinical negligence claim
A clinical negligence claim is a legal process for claiming compensation if you’ve been given sub-standard or negligent care by a medical practitioner.
You may be entitled to compensation if you can prove that the negligent treatment caused illness or injury, or made an existing condition worse.
Being let down by a trusted medical professional is distressing and traumatic, and while compensation isn’t going to make everything better it could be the first step toward putting your life back on track.
How do I make a clinical negligence claim?
The simplest and most effective way to start a clinical negligence claim is to get in touch with the team of experts at Truth Legal.
We’ll explain the criteria for clinical negligence claims, how long the process takes, and the amount of compensation you may be entitled to. If we think you have a strong claim for clinical negligence compensation, we’ll work on a no win no fee basis to build the strongest possible case.
When can I make a clinical negligence claim?
You can make a clinical negligence claim – also known as a medical negligence claim – if the duty of care demonstrated by someone treating you fell below a ‘reasonable standard’. Clinical negligence claims can be made whether the care in question was provided by an NHS or private healthcare provider.
To make a successful claim you need to prove that you received negligent clinical care, and this then caused an illness or injury, or led to an existing condition getting worse.
How much compensation can I claim for clinical negligence?
Compensation for clinical negligence claims can run from £1000 for minor cases up to millions for patients who have suffered life changing injuries.
The exact amount varies from case to case, depending upon the severity of the injury or illness and the impact it has had on your life.
Once our team of clinical negligence experts have taken the details of your case during an initial free 30 minute consultation we’ll have a clearer idea of the range of compensation you may be entitled to. In simple terms, the more severe an injury is and the bigger the impact it has had on your life as a whole, the more compensation you might be entitled to.
The factors we use when coming up with an estimated figure for possible clinical negligence compensation include the following:
- The type of injury or illness and how severe it is
- The pain and suffering caused, now and in the future
- Any costs directly related to the clinical negligence, including medical bills and care costs now and in the future
- Any earnings or pension provision lost now and in the future
How is compensation calculated for a clinical negligence claim?
Compensation for a clinical negligence claim is calculated by combining general damages with special damages.
General damages are based on the pain and distress caused by the clinical negligence, as well as the impact it has had on your ability too fully live your life.
Special damages are intended to reimburse you for any expenses which are directly related to the clinical negligence and the impact it has had.
General damages in clinical negligence claims
General damages are an amount of compensation which reflects the nature of your illness or injury and the pain and distress it has caused. This includes something called ‘loss of amenity’, which means not being able to enjoy everyday things like leisure pursuits and hobbies.
A publication called the Judicial College Guidelines (JCG) sets out recommended ranges for general damages across all types of personal injury claims, including clinical negligence.
The amounts are based on the part of the body impacted, how severe the injury or illness is, and how the symptoms are likely to develop in the future.
As experts in the field of clinical negligence, our specialist solicitors realise that no amount of compensation can genuinely make up for the pain, stress and disappointment of being let down by a trusted medical professional.
We combine our legal expertise with empathetic support to help you start to come to terms with how you’ve been treated and build a foundation for living the rest of your life.
Special damages in clinical negligence claims
Special damages in clinical negligence claims are intended to reimburse you for any direct ‘out of pocket’ expenses linked to the clinical negligence you experienced. The amount is intended to cover anything you have spent or will have to spend in the future on the basis of your illness or injury.
The aim of special damages is to ensure that you are not left in a worse financial state than you would have been if the clinical negligence had never happened.
Special damages expenses could include, but may not be limited to, the following:
- Any loss of earning or pension caused by your injury or illness
- Any costs for the medical treatment you need for your injury or illness
- Any care costs linked to your injury or illness
- Costs linked to any care provided by friends or family
- The cost of any adaptations needed in your home or the vehicle you use
- Travel expenses linked to your injury or illness
What types of clinical negligence can I claim for?
As experts in the field of clinical negligence, the team at Truth Legal are used to successfully claiming compensation for a wide range of clinical negligence cases.
Some of the more common ways in which people find themselves dealing with clinical negligence include the following:
- A medical professional prescribing the wrong medication or advising an incorrect course of treatment
- A delayed diagnosis when a condition or injury isn’t promptly diagnosed by a medical professional, and as a result the patient experiences more suffering and pain.
- Misdiagnosis when a medical condition or injury is diagnosed incorrectly. As a result, the condition or injury goes untreated, or the correct treatment is delayed.
- Failing to refer a patient to the right specialist when they present for investigation or treatment could lead to a condition or injury becoming worse
- Procedures carried out during childbirth
- Surgical negligence when medical professionals make mistakes while carrying out surgery. Common examples include:
- The wrong surgery taking place or a procedure being botched
- Foreign objects being left in a patient’s body
- Post-operative infection setting in
- Patients not being given sufficient information on the risks involved in surgery
- Anaesthetic being administered incorrectly
Other potential reasons for making a clinical negligence claim might include the following:
- Not carrying out diagnostic actions like blood tests, scans and x-rays
- Misinterpreting the results of tests like scans and x-rays
- Discharging a patient prematurely
- Failing to note worsening symptoms
- Poor after-care following surgery
- Performing surgery on the wrong patient or body part
- Leaving a foreign object in a patient following surgery
Who can I make a clinical negligence claim against?
You can make a claim for clinical negligence against any individual or body that failed in their duty of care to you as a patient. The team at Truth Legal have pursued successful claims against healthcare providers including the following:
- NHS Trusts
- Hospitals
- Community care providers
- Mental health care providers
- GPs
- Dentists
- The ambulance service
- Pharmacies
- Private healthcare providers
- Opticians
- Nursing homes
- Therapists, including those offering alternative and complementary treatments
What do I need to prove to make a clinical negligence claim?
In order to make a successful clinical negligence claim you need to prove two things:
- You received care that fell below the standards that are reasonably expected, because a healthcare professional was negligent
- This caused an illness or injury, or made an existing condition worse
In legal terms, proving clinical negligence will involve our expert solicitors building a case around the following:
- Did the care you received fall below the kind of ‘reasonable’ level which healthcare professionals are legally obliged to provide?
- Can you prove that the negligent actions in question caused your illness or injury?
- Can you build a case to demonstrate the negative impact which clinical negligence has had on your life?
What information do I need to provide for a clinical negligence claim?
The more information you can provide to support your clinical negligence claim the better, but we know that gathering evidence might be the last thing on your mind during such a traumatic period. That’s why we work as hard as we do to gather the evidence you’ll need.
Information which could help your clinical negligence claim will include the following:
- A collection of your medical records – including any relevant scans, x-rays and test results – setting out the treatment you received.
- Your own detailed statement setting out a chronological account of your interactions with the relevant medical professionals, your account of how you were treated and the impact which this treatment (or lack of treatment) has had on your life.
- In some cases it may be useful to provide photographic evidence to support aspects of the claim such as any injuries suffered.
What is the clinical negligence claim process?
We understand how daunting it can be to make a claim for clinical negligence. To offer as much support as possible we break the claims process down into the following individual steps:
Consultation
We provide an initial no-obligation consultation free of charge. We use that time to ascertain the details of your case, including where and how you think mistakes were made and the impact this has had.
If we think you have a strong case to claim clinical negligence we’ll set out the funding options and the likely next steps.
Your case
We’ll start to put your case together. This will involve gathering information such as:
- Your medical records
- Your own statement
- Any witness statements
We’ll also arrange an expert medical evaluation to obtain a full picture of your condition or injury, the impact it has had, and the future prognosis.
Letter of notification
We’ll send an initial letter to the relevant body or individual, informing them that you intended to bring a claim for alleged clinical negligence. In some cases the other party will immediately make efforts to resolve the claim as quickly as possible.
Letter of claim
This is when we send a detailed account of your case to the other party. In it we will set out details of the negligence which we think took place, the impact it has had on you and the amount of compensation which we are seeking.
The other party has a legal duty to respond to your claim within 4 months of it being submitted. This generally involves:
- Admitting liability and offering compensation OR
- Denying any negligence
Court proceedings
If the other party denies negligence, or refuses to offer what we think is a fair amount of compensation then we will start court proceedings on your behalf. In most cases, a hearing date will be set for approximately 18 months after the other party responds
If a claim reaches this stage will continue to negotiate . We always try our best to resolve cases via negotiation and mediation, meaning you won’t have to wait for a court date or attend a hearing.
Court hearing
If we can’t negotiate a settlement of this kind, then it is likely that you’ll have to attend a hearing in front of a judge. If this happens you can rest assured that our expert team will be right by your side.
We’ll present the facts of your case in the strongest possible manner, using our experience of clinical negligence claims to highlight the relevant details and work to win the compensation we think you deserve.
How long do clinical negligence claims take?
The majority of clinical negligence claims take between 12-24months to settle. The precise timeframe will depend upon the complexity of your particular case and the approach taken by the other party.
Once you start working with our clinical negligence team we’ll be able to provide a more tailored estimate of how long we think the claim could take. Our commitment to clear and open communication means we’ll keep you fully updated on likely timeframes every step of the way.
Is there a time limit to make a clinical negligence claim?
The usual time limit for making a clinical negligence compensation claim is 3 years. This runs from the date on which the negligence happened, or the date on which you became aware of it.
Exceptions to this time limit include the following:
- A child who was a victim of clinical negligence has 3 years from the date of their 18th birthday to make a compensation claim
- A person who is unable to claim due to limited mental capacity – if they have a brain injury for example – will not be subject to the 3 year limit. The time limit may apply if they become able to make a claim on their own behalf at some point
- If a person dies within 3 years of negligent medical treatment their estate has 3 years from the date of death in which to bring a claim.
How much will it cost to make a clinical negligence claim?
It won’t cost you anything to make a clinical negligence claim. We work on a no win no fee basis, which means that you won’t have to pay costs even if your claim is unsuccessful.
If your claim is successful we’ll usually take a percentage of the compensation as a fee to cover our costs, leaving you with the majority of the money. You may also have to pay a contribution towards an insurance premium. If you contact us to discuss a possible clinical negligence claim we’ll explain exactly how the funding works, in a clear, jargon-free manner.
Will I have to go to court to make a clinical negligence claim?
The likelihood is that you won’t have to go to court to make a clinical negligence claim.
According to NHS Resolution – the body which handles NHS clinical negligence claims – 81% of claims were settled outside court in 2023/24. The approach we take is to rely on dispute resolution methods to negotiate settlements as quickly as possible, sparing you the stress and time involved in having to appear in court wherever possible.
Can I make a clinical negligence claim on behalf of another person?
Yes, you can make a clinical negligence claim on behalf of another person. Examples include the following:
- Making a claim on behalf of someone who is under 18. As a parent or legal guardian you can act as a ‘litigation friend’ and claim on behalf of a child impacted by alleged clinical negligence.
- Making a claim on behalf of a person with diminished mental capacity. You can be legally designated to make a clinical negligence claim on behalf of an individual lacking the mental capacity to claim in their own right.
- Making a claim on behalf of the estate of a person who has died.
Will I need to have a medical examination?
Yes, in the majority of clinical negligence claims a medical examination is needed. The information it gathers can be used together with expert opinion to help build the strongest possible claim.
Will making a claim affect my on-going care?
Making a clinical negligence claim will have no impact on any care you are receiving. Refusing to treat a patient on the basis of a complaint or legal claim is against the law. You may, however, ask to receive treatment from another body or individual if you’d prefer.
What is the legal definition of a clinical negligence claim?
The legal definition of a clinical negligence claim can be summarised as follows:
- The care which you received fell below a ‘reasonable standard’
- As a result of this failure you suffered an illness or injury, or had an existing condition made worse
What is “causation” in clinical negligence claims?
Causation in clinical negligence claims is a legal term that refers to the link between the treatment you received and any injury or illness suffered. Causation can be legal or factual, with each defined as follows:
Legal causation – based on asking if the injury or illness would have happened if the negligent action hadn’t occurred
Factual causation – based on proving that the negligent action caused the injury or illness
Can I make a complaint about my treatment while also making a compensation claim?
Yes, you can make an official complaint about your medical treatment at the same time as making a claim for clinical negligence. In some cases, the fact that you have made a complaint through an official body such as Patient Advice and Liaison Service (PALS) or the Health Service Ombudsman may help to strengthen your clinical negligence claim.
Can I claim for clinical negligence if I was treated through private healthcare?
Yes, you can make a claim for clinical negligence if the treatment in question was provided by a private healthcare professional. Private providers of healthcare have the same legal obligation to provide a reasonable duty of care.
If a private healthcare provider fails in their duty of care and this leads to an injury, illness or condition, then you have every right to make a clinical negligence claim against them.
Can I receive interim payments while my clinical negligence claim is being settled?
Yes, you can receive interim payments if the other party has admitted liability. In more complex cases it may take some time to agree on a compensation amount due to issues around the full extent of your injuries, care provision needed and expenses such as adapting a home or moving to a new home entirely.
In cases such as these we will apply for interim payments to cover on-going costs such as medical bills until a final settlement is agreed. Any interim payments which are made will be deducted from the final compensation amount.
Why choose Truth Legal to represent you for your clinical negligence claim?
The team of experts at Truth Legal have got years of hands-on experience of making successful clinical negligence claims. We understand just how traumatic cases of clinical negligence can be for all involved, and we combine our legal expertise with a caring and empathetic approach.
We’ll work on a no win no fee basis to guide your through the compensation process one step at a time. We know from experience that claiming compensation isn’t just about the money you might receive.
It’s about acknowledging that you’ve been badly let down by medical professionals you trusted, and left to cope with injuries or illness that can sometimes be life-changing.
A successful clinical negligence compensation claim could be the first step toward putting your life back and track and facing the future with renewed confidence. It could also help you to get the care and medical help you need, and make it easier for your family to support you in the future.
No matter how complex your case might be, we’ll work by your side to gather the evidence needed to show that you’ve been let down. We understand clinical negligence and how to build a case showing just how much of an impact it has had on your life.
If you think you could claim clinical negligence compensation then please contact us today to explain exactly what happened to you, and we’ll explain how we can help.
Recent success stories
Clinical Negligence FAQs
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.
