Medical Negligence Guide · Independent UK Information · Not Legal Advice
Understand your rights under UK clinical negligence law.
Plain-English information for patients across England & Wales.
If care from an NHS trust, GP surgery, dentist or private clinic has caused avoidable harm, the law provides a route to compensation. This site explains how — clearly, and independently. We are not a law firm and not a claims management company; we do not take on cases.
Independent
Not a law firm
Plain English
Cited to primary sources
Info only
Not a CMC · Not legal advice
What kind of treatment caused you concern?
Choose the area that best matches your situation.
Start here
What does medical negligence actually mean in UK law?
Short answer
In the UK, medical negligence — also called clinical negligence — describes a situation in which a healthcare professional's treatment falls below the standard a reasonably competent practitioner of the same discipline would have provided, and that shortfall directly produces an injury or worsening that would not otherwise have occurred. Both elements — substandard care and resulting harm — must be established for compensation to be awarded.
The framework comes from two leading cases: Bolam v Friern Hospital Management Committee, which set the original "responsible body of opinion" test, and Bolitho v City and Hackney HA, which added that the body of opinion must itself stand up to logical scrutiny. The same principles apply across NHS care, private hospitals, dental practices, GP surgeries, midwifery and care-home settings — there is no separate, lower standard for any one branch of medicine.
Two centuries of common law shape every clinical negligence claim heard today.
Bolam · Bolitho · Montgomery
Four pillars
Choose your starting point.
Whether you're making sense of a recent diagnosis, helping a relative after a hospital stay that went badly, or simply researching the topic — the four sections below cover the ground.
- 01
Categories of clinical negligence
From missed cancer diagnoses to surgical errors and maternity harm — the recurring patterns behind UK claims.
- 02
What UK patients are entitled to
Statutory and common-law rights — duty of care, informed consent, candour, and access to your records.
- 03
Inside the claim process
Each formal stage of a UK clinical negligence claim, from first call through to settlement.
- 04
Funding a claim
How Conditional Fee Agreements really work, the 25% statutory cap, ATE insurance and QOCS protection — explained in plain English.
Featured claims
The claims we handle most often.
Jump straight to the guide that matches your situation.
- Brain Injury CompensationStroke, birth injury, surgical error and anaesthetic negligence causing brain damage
- Childbirth NegligenceCTG misinterpretation, delayed caesarean, and birth complications
- A&E NegligenceMissed diagnosis and wrongful discharge from accident and emergency
- Retained Swab ClaimsNever event — surgical swab left inside the body after an operation
- Sepsis negligence
- Stroke misdiagnosis
- Birth injury
- Cauda equina
- Cancer misdiagnosis
- Heart attack misdiagnosis
- Brain damage at birth
- Surgical negligence
Three things worth knowing first
Before you go further into the detail.
01
Compensation is a recognised legal remedy
Where care has fallen below the proper standard and that has caused you measurable injury or financial loss, the courts can order the responsible party — NHS Resolution for NHS care, the provider's medical defence insurer for private care — to pay damages.
02
The clock starts ticking quickly
The Limitation Act 1980 gives most adult claimants three years from either the date of the negligent act or the date they first reasonably became aware that harm had been caused. Different rules apply for children and for adults who lack mental capacity.
03
You don't need to commit to anything to learn more
Reading this site, requesting your medical records, and even speaking informally with a regulated solicitor cost you nothing and create no obligation. A claim only formally begins when you sign a written agreement with a firm.
Common questions
What people most often ask first.
What counts as medical negligence in the UK?
Medical (or clinical) negligence describes care that falls below the standard a reasonably competent practitioner in the same discipline would have provided, and which directly causes you injury or worsening that would not otherwise have happened. Both elements — substandard care and resulting harm — must be established.
How long do I have to make a medical negligence claim?
The Limitation Act 1980 generally gives adult claimants three years from either the date of the negligent act or the date they first reasonably became aware that harm had been caused. Children have until their 21st birthday, and the clock does not run while an adult lacks mental capacity.
Do I have to pay anything upfront to bring a claim?
In the UK, almost all clinical negligence claims are funded under a Conditional Fee Agreement (no win, no fee). You pay nothing if the claim fails. If it succeeds, a success fee capped at 25% of past losses and general damages is typically deducted — future losses are protected.
Can I claim against the NHS as well as a private provider?
Yes. The same legal standard applies whether you were treated by an NHS trust, a GP surgery, a dental practice or a private clinic. NHS claims are defended by NHS Resolution under a central scheme; private claims are defended by the provider's medical defence insurer.
Is Medical Negligence Guide a law firm?
No. Medical Negligence Guide is an independent educational website. We are not solicitors, not a law firm, and not a claims management company (CMC). We do not provide legal advice or take on cases. For advice on your own situation, contact an SRA-regulated solicitor accredited in Clinical Negligence.
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