When medical treatment causes harm that would not have occurred if the clinician had acted with reasonable care, a medical negligence claim may be available. This guide explains what a medical negligence claim involves under English and Welsh law, who can claim, what the process looks like, and what compensation you may be entitled to recover.
What is a medical negligence claim?
A medical negligence claim — also called a clinical negligence claim — is a legal action brought by a patient who has suffered harm as a result of substandard medical care. It is pursued through the civil courts and, if successful, results in a payment of compensation to the claimant.
Medical negligence is not the same as a bad medical outcome. Not every complication, setback, or unwanted result amounts to negligence. Medicine involves uncertainty, and not every adverse event could have been prevented.
What the law requires is that the clinician's care met the standard a reasonably competent practitioner in that specialty would have provided. When it falls below that standard — and that failure causes harm — a claim may be available.
What does medical negligence mean under UK law?
Three landmark legal cases define the standard applied in England and Wales.
The Bolam test
Bolam v Friern Hospital Management Committee [1957] established that a clinician is not negligent if their conduct accorded with a practice accepted as proper by a responsible body of practitioners in that specialty, even if another body of practitioners would have acted differently.
The Bolitho qualification
Bolitho v City and Hackney Health Authority [1997] modified Bolam. Even where a body of practitioners would have acted in a particular way, a court can still find negligence if that practice cannot withstand logical analysis.
The Montgomery standard
Montgomery v Lanarkshire Health Board [2015] changed the consent test. A clinician must now ensure a patient is aware of any material risk involved in proposed treatment — defined by reference to what a reasonable person in the patient's position would want to know, not merely what the clinician considers relevant.
These three cases are applied in every medical negligence claim assessed by a solicitor or decided by a court in England and Wales.
Who can make a medical negligence claim?
Any adult who has received negligent medical treatment in England or Wales and suffered harm as a result can bring a claim.
Additional situations:
Children: A parent or legal guardian can bring a claim on behalf of a child. The three-year limitation period does not begin until the child reaches 18, meaning children have until their 21st birthday.
People lacking mental capacity: The limitation period is suspended for as long as the incapacity continues.
Family members of people who have died: Where a person dies as a result of medical negligence, eligible family members and dependants can bring a claim under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934.
What are the most common types of medical negligence?
Medical negligence arises across all areas of healthcare. The most frequently claimed types in England and Wales include:
| Claim type | What it involves |
|---|---|
| Misdiagnosis and delayed diagnosis | Failure to identify a condition, or diagnosing it too late for effective treatment |
| Surgical errors | Wrong-site surgery, retained instruments, accidental damage, anaesthetic errors |
| Birth injuries | Harm to a baby or mother during labour and delivery — cerebral palsy, Erb's palsy, brain damage |
| Medication and prescription errors | Wrong drug, wrong dose, dangerous interactions, failure to check allergies |
| GP and primary care failures | Failure to refer, failure to investigate symptoms, delayed diagnosis in primary care |
| A&E and emergency care failures | Delayed treatment, missed diagnoses of time-critical conditions |
| Hospital negligence | Negligent inpatient or outpatient care, pressure sores, hospital infections, failure to monitor |
| Cancer misdiagnosis | Missed or delayed cancer diagnosis that allows disease to progress |
| Dental negligence | Negligent extractions, nerve damage, undetected oral cancer |
| Sepsis negligence | Failure to recognise or treat sepsis in line with the Sepsis Six protocol |
| Cauda equina negligence | Delayed MRI and surgery for cauda equina syndrome causing permanent harm |
What do you need to prove?
A medical negligence claim in England and Wales must establish four elements:
1. Duty of care — the clinician owed you a legal duty to treat you competently. This arises automatically when any healthcare professional undertakes to treat a patient.
2. Breach of duty — the care fell below the standard of a reasonably competent practitioner in the relevant specialty. This is assessed using the Bolam test as modified by Bolitho. An independent medical expert provides a written opinion.
3. Causation — the breach caused or materially contributed to the harm you suffered. You must show that the harm was caused by the failure, not by the underlying condition. This is tested using the "but for" test.
4. Damage — you suffered physical, psychological, or financial harm as a result. A claim without provable damage cannot succeed.
All four elements must be established. Without one of them, the claim fails. See the how to prove medical negligence guide for the evidence required at each stage. For a full guide to the evidence needed, see our evidence guide.
How much compensation can you claim?
Medical negligence compensation covers two categories:
General damages
Compensation for pain, suffering, and loss of amenity. Assessed by reference to the Judicial College Guidelines. Ranges from a few thousand pounds for minor injuries with full recovery to over £400,000 for catastrophic harm.
Special damages
Compensation for all financial losses caused by the negligent treatment. Includes:
- Past loss of earnings
- Future loss of earnings or reduced earning capacity
- Past medical treatment costs
- Future care and assistance costs
- Travel costs
- Cost of aids, adaptations, and equipment
In catastrophic cases — severe brain injury, tetraplegia, serious birth injuries — total compensation including future care costs can run to several million pounds. See the compensation guide for full Judicial College Guidelines ranges.
Every claim is assessed on its individual facts. Compensation figures quoted in general guides are illustrative only.
What is the time limit for a medical negligence claim?
Under the Limitation Act 1980, you have three years to bring a medical negligence claim in England and Wales.
The three years runs from whichever is the later of:
- The date of the negligent treatment; or
- The date of knowledge — when you knew (or ought reasonably to have known) that you had suffered significant harm caused by a clinician's failure.
| Situation | Time limit |
|---|---|
| Standard adult claim | 3 years from negligent act or date of knowledge |
| Child claimant | Until 21st birthday (3 years from 18th birthday) |
| Adult lacking mental capacity | No time limit while incapacity continues |
| Death caused by negligence | 3 years from date of death or date of knowledge |
| Court discretion (section 33) | Court may allow late claims — not to be relied upon |
Do not delay. If you are close to or past three years, seek advice immediately. There is a residual court discretion under section 33 of the Limitation Act 1980, but it cannot be relied upon. See the full time limit guide for further detail.
How are medical negligence claims funded?
Most medical negligence claims are funded on a Conditional Fee Agreement (CFA) — no win no fee.
Under a CFA:
- You pay nothing upfront
- If your claim succeeds, a success fee is deducted — capped by law at 25% of your past losses and general damages. Future losses are fully protected.
- If your claim fails, you pay nothing to your solicitor
- You are protected from paying the other side's costs by Qualified One-Way Costs Shifting (QOCS) in most cases
After the Event (ATE) insurance can also be arranged to cover disbursements in the event the claim fails.
Legal aid is available in limited circumstances — principally for birth injury claims involving children with serious neurological injuries where the prospects of success are strong. See the no win no fee guide for full details.
What is the claims process?
Medical negligence claims follow a defined process regulated by the Civil Procedure Rules, including the Pre-Action Protocol for the Resolution of Clinical Disputes.
| Stage | What happens |
|---|---|
| 1. Initial assessment | Solicitor reviews the circumstances and advises on prospects |
| 2. Funding agreement | CFA (no win no fee) signed |
| 3. Medical records | Records obtained from all relevant providers |
| 4. Expert report | Independent expert assesses breach and causation |
| 5. Letter of Claim | Formal letter sent to defendant setting out the allegations |
| 6. Letter of Response | Defendant has 4 months to admit or deny liability |
| 7. Negotiation | Most claims settle through negotiation or mediation |
| 8. Court proceedings | Issued if negotiation fails; most still settle before trial |
See the full claims process guide for what to expect at each stage.
Can you claim against the NHS and a private provider?
Yes, but the claim is made against the relevant defendant separately.
NHS claims are brought against the NHS Trust responsible for the care. NHS Resolution manages and defends these claims. The claim is not against the individual clinician personally. See the NHS claims guide.
Private healthcare claims are made against the private hospital, clinic, or individual clinician. The defendant depends on the contractual arrangements.
The same legal framework applies in both cases.
Frequently asked questions
What is the difference between medical negligence and clinical negligence?
They mean the same thing. "Clinical negligence" is the legal term; "medical negligence" is the everyday term. Both describe substandard care by a healthcare professional that causes harm.
Can I claim if I only suffered minor harm?
Yes, if all four elements are established. However, a specialist solicitor will advise on whether the likely compensation justifies the time and cost of pursuing the claim. Minor claims can be more difficult to justify economically under a CFA.
Can I claim if I don't know exactly what went wrong?
Yes. Obtaining and reviewing medical records is the first step. Many claimants do not know the full picture until an independent expert has reviewed the records. You do not need to identify the precise failure before seeking advice.
Do I have to complain to the NHS before I can claim?
No. An NHS complaint is entirely separate from a legal claim. Making a complaint does not pause the three-year time limit. You can bring a legal claim without ever having complained.
Will my case go to court?
Unlikely. Most claims settle through negotiation. Fewer than 2% of clinical negligence claims in England and Wales proceed to a fully contested trial.
Can I claim if a family member has died as a result of negligence?
Yes. Claims under the Fatal Accidents Act 1976 (for financial dependency) and the Law Reform Act 1934 (for the estate's losses) can be brought by eligible family members. The time limit is three years from the date of death or date of knowledge. See the fatal negligence guide.
Types of medical negligence claim
- Hospital negligence claims
- GP negligence claims
- Surgical negligence claims
- Birth injury claims
- A&E negligence claims
- Misdiagnosis claims
- Medication error claims
- Dental negligence claims
- Cerebral palsy claims
- Erb's palsy claims
- Brain damage at birth claims
- Fatal medical negligence claims
Sources and further reading
- Bolam v Friern Hospital Management Committee [1957] 1 WLR 582
- Bolitho v City and Hackney Health Authority [1997] UKHL 46
- Montgomery v Lanarkshire Health Board [2015] UKSC 11
- Limitation Act 1980
- Fatal Accidents Act 1976
- Law Reform (Miscellaneous Provisions) Act 1934
- Pre-Action Protocol for the Resolution of Clinical Disputes (Civil Procedure Rules)
- Judicial College Guidelines (17th edition)
- NHS Resolution: Annual Report and Accounts 2023–24