Last reviewed: 24 April 2026 by Editorial Team

Medical Negligence FAQ

Plain-English answers to the questions readers most often ask about UK clinical negligence claims. For deeper guidance, follow the links into the main guides.

How do I know if I have a medical negligence claim?

You may have a claim if a healthcare professional's care fell below a reasonable standard (breach of duty) and that failing caused you avoidable harm (causation). Both elements must be proved on the balance of probabilities, supported by independent expert evidence.

How long do I have to make a medical negligence claim in the UK?

Generally three years from the date of negligence or the date you first knew about the harm (date of knowledge). Different rules apply to children and people who lack mental capacity. See the full guide to time limits for the detailed rules across England, Wales, Scotland and Northern Ireland.

How much compensation will I receive?

Awards range from a few thousand pounds for minor harm with full recovery to several million for catastrophic injury with lifetime care needs. The amount depends on the severity and permanence of harm, financial losses, and future care requirements assessed using the Judicial College Guidelines and Ogden tables.

Will I have to go to court?

The large majority of clinical negligence claims settle without a trial — most through pre-action negotiation or a Joint Settlement Meeting. Going to trial is the exception rather than the rule.

Can I claim against the NHS?

Yes. NHS claims are handled by NHS Resolution under the Clinical Negligence Scheme for Trusts. The legal test is identical to a private claim — the route to compensation is unchanged.

What does 'no win no fee' actually cost me?

Under a Conditional Fee Agreement you pay no solicitor fees if the claim fails. If you win, the solicitor takes a success fee (capped at 25% of damages for past losses and pain/suffering) from your compensation. After-the-event insurance typically covers any liability for the defendant's costs.

Can I claim on behalf of someone who has died?

Yes. The estate may bring a claim under the Law Reform (Miscellaneous Provisions) Act 1934, and dependants may bring a separate claim under the Fatal Accidents Act 1976 for loss of dependency and a statutory bereavement award.

What is the difference between negligence and an unfortunate outcome?

Not every bad outcome is negligence. Medicine carries inherent risks even when care is competent. Negligence requires proof that no reasonable body of practitioners in the same field would have acted as the defendant did — the Bolam test, as refined by Bolitho and (for consent) Montgomery.

How long does a medical negligence claim take?

Straightforward claims may settle within 12–18 months. Complex catastrophic injury cases can take 4–7 years, particularly where prognosis must stabilise before quantum is assessed.

Do the rules differ in Scotland and Northern Ireland?

The substantive law is similar but procedural rules and limitation provisions differ. Scotland uses the Prescription and Limitation (Scotland) Act 1973 and Northern Ireland the Limitation (Northern Ireland) Order 1989. See the dedicated jurisdiction guides.