When you go to a doctor or hospital, you trust that you’ll be looked after properly. But sometimes, mistakes happen. If those mistakes cause injury, pain or make your condition worse, it may be a case of medical negligence.
This guide will help you understand what medical negligence means, how to make a claim, what compensation you might receive, and what to expect at every stage.
What Is Medical Negligence?
Medical negligence, also known as clinical negligence, happens when a healthcare professional fails to meet the expected standard of care. This failure leads to injury, illness, or emotional suffering for the patient.
Examples of medical negligence include:
- A misdiagnosis or late diagnosis that delays treatment.
- Surgical mistakes during an operation.
- Incorrect medication or wrong dosage being given.
- Neglect during childbirth resulting in injury to the mother or baby.
- Failing to obtain consent before a procedure.
Not all medical mistakes count as negligence. Sometimes, complications occur even when proper care is taken. A solicitor specialising in medical negligence can help you understand if what happened to you qualifies as negligence.
When Can You Make a Medical Negligence Claim?
You may be able to make a claim if:
- A medical professional owed you a duty of care.
- They breached that duty by providing poor or substandard treatment.
- That breach directly caused you injury, illness, or suffering.
This is known as proving breach of duty and causation. Both must be established for your claim to succeed. Usually, an independent medical expert will review your case and confirm if the care you received fell below acceptable standards.
How Much Compensation Can You Receive for Medical Negligence?
Every case is unique, and the amount you may receive depends on your personal situation. Compensation is designed to help you recover from the impact of negligence and get your life back on track.
The amount you receive depends on:
- The seriousness of your injury.
- How long it affects your life and ability to work.
- The cost of treatment, care, or rehabilitation.
- Any financial losses you’ve faced or may face in the future.
Two Main Types of Compensation
When you make a medical negligence claim, your compensation will usually be split into two parts: general damages and special damages.
1. General Damages
This is the amount awarded for the pain, suffering, and loss of quality of life caused by your injury.
For example, if a surgical error caused long-term mobility problems or severe emotional distress, this would be reflected in your general damages.
The value is guided by the Judicial College Guidelines (JCG), which provide typical ranges for different injuries.
Examples of general damages:
- Minor neck injuries: £2,300 – £7,410
- Severe spinal injuries: up to £1 million
- Brain injuries: £344,000 – £493,000
- Facial scarring: £1,600 – £91,000
- Cerebral palsy cases: up to £1.5 million
These are estimates; your solicitor will work out the exact value after reviewing your medical reports and expert evidence.
2. Special Damages
Special damages cover the financial losses you’ve experienced due to the negligence. This includes anything that has cost you money or will cost you in the future.
Common examples include:
- Loss of earnings if you cannot work.
- Cost of private medical treatment or physiotherapy.
- Medication and prescription costs.
- Care provided by family or professionals.
- Travel expenses for hospital appointments.
- Home adaptations or mobility aids.
To make sure you receive the right amount, keep receipts, invoices, and records of all your expenses. These help your solicitor prove your financial losses accurately.
What Is the Average Payout for Medical Negligence in the UK?
There isn’t a single fixed amount for medical negligence claims. The compensation depends on the severity of the injury and its long-term impact.
According to NHS Resolution, the average payout in the UK is around £50,000. However, claims can range from as little as £1,000 for minor issues to over £1 million for severe, life-changing injuries.
Some examples include:
- Dental injuries: around £1,000 – £1,600.
- Severe brain injury: up to £493,000.
- Loss of both arms or legs: £225,000 – £280,000.
- Death due to negligence: £12,000 – £300,000 depending on circumstances.
Can You Claim for Death Caused by Medical Negligence?
Yes. If a loved one has passed away because of medical negligence, you may be able to make a claim on behalf of their estate or as a dependent.
Possible claims can include:
- Compensation for the pain and suffering the person experienced before death.
- A statutory bereavement award (currently £15,120).
- Funeral expenses.
- Loss of financial dependency or care services provided by the deceased.
These cases can be emotionally difficult, but a specialist solicitor can guide you through the process with sensitivity and care.
Is Medical Negligence Compensation Taxable?
No, compensation received from a personal injury or medical negligence claim is not taxable. It is not considered income.
However, if you receive means-tested benefits, a large compensation payment may affect your eligibility. To prevent this, you can set up a personal injury trust, which protects your compensation and ensures your benefits continue.
How Long Do You Have to Make a Claim?
In most cases, you have three years from either:
- The date the negligence occurred, or
- The date you realised that negligence caused your injury.
There are some exceptions:
- If the claim is for a child, the three-year limit starts on their 18th birthday.
- If the person does not have mental capacity, there may be no time limit.
Because the rules can be complicated, it’s best to speak to a solicitor as soon as you think you might have a case.
How to Prepare Before Making a Claim
Before starting a claim, there are a few things you can do to strengthen your case:
- Request your medical records – you have the right to see them.
- Keep a diary of your symptoms, treatments, and how the negligence has affected your life.
- Collect evidence – keep receipts for expenses, and record any time off work.
- Make a complaint – you can contact the hospital or GP practice directly, or use the Patient Advice and Liaison Service (PALS) for help.
A solicitor can also assist you in writing a formal complaint and gathering medical expert opinions.
How to Make a Medical Negligence Claim
The process might sound complicated, but your solicitor will guide you through each step. Here’s what usually happens:
- Free consultation: You’ll discuss your experience with a legal expert to see if you have a valid claim.
- Case investigation: Your solicitor gathers evidence, including medical records and expert opinions.
- Letter of claim: This is sent to the healthcare provider, outlining the details of your case.
- Response: The defendant has four months to respond and either accept or deny responsibility.
- Settlement or court: Most cases settle out of court. If not, your solicitor will represent you in court proceedings.
Many law firms offer a “no win, no fee” arrangement, meaning you don’t pay legal fees unless your claim is successful.
How to Pay for Your Claim
There are different funding options for medical negligence claims:
- No win, no fee (Conditional Fee Agreement): You pay nothing if you lose. If you win, a small percentage (usually capped) is taken from your compensation.
- Legal expenses insurance: Sometimes included with home or car insurance policies.
- Private funding: You can pay your legal fees yourself, though this is rare.
Your solicitor will discuss all costs clearly before you agree to start your claim.
How Successful Are Medical Negligence Claims?
Medical negligence cases can be complex, and not every claim succeeds. Success depends on how strong your evidence is and whether you can clearly prove both breach of duty and causation.
However, many claims are settled successfully without going to court. Specialist law firms have teams of solicitors experienced in dealing with hospitals, GPs, and private healthcare providers. Their expertise can significantly improve your chances of receiving fair compensation.
Who Can You Make a Claim Against?
You can bring a claim against any healthcare professional or organisation that provided negligent treatment, such as:
- NHS hospitals and clinics.
- Private hospitals or surgeons.
- GPs.
- Dentists.
- Paramedics and care homes.
In some cases, it might not be clear who is legally responsible. Your solicitor will identify the correct party and handle all communication on your behalf.
Why Legal Support Matters
Making a medical negligence claim is not just about the money. It’s about getting justice, understanding what went wrong, and ensuring others do not suffer in the same way.
An experienced solicitor can:
- Help you gather evidence and expert opinions.
- Estimate your compensation accurately.
- Handle negotiations with insurance companies or the NHS.
- Offer emotional support through a difficult process.
Final Thoughts
Dealing with medical negligence can be overwhelming, but you do not have to go through it alone. Understanding your rights is the first step towards justice and recovery.
The amount of compensation you may receive depends on your unique circumstances, but what truly matters is that you get the support and recognition you deserve.
If you think you’ve suffered due to medical negligence, speak to a qualified solicitor today. A simple conversation could help you start the process of rebuilding your life with confidence and peace of mind.