Clinical Negligence

When healthcare providers fail to meet the expected standard of care, causing patient harm through surgical errors, misdiagnosis, or treatment mistakes.

£25,000 – £2,000,000

Typical compensation range

3 years

Limitation period

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Types of Clinical Negligence Claims

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About Clinical Negligence Claims

Clinical negligence (also called medical negligence) occurs when a healthcare provider — doctor, surgeon, nurse, or NHS trust — falls below the accepted standard of care, causing injury or death to a patient. Under the Bolam test, a doctor is not negligent if they acted in accordance with a practice accepted as proper by a responsible body of medical opinion.

Key elements of a clinical negligence claim include establishing that a duty of care existed, the provider breached that duty, the breach directly caused injury (causation), and the injury led to specific losses such as medical costs, loss of earnings, and pain and suffering.

Common types include surgical errors (wrong-site surgery, retained instruments), diagnostic failures (missed cancer, delayed heart attack diagnosis), medication errors, anaesthesia complications, and failures in post-operative care. The limitation period is generally 3 years from the date of injury or the date of knowledge.

The NHS Litigation Authority (NHS Resolution) handles claims against NHS bodies. The average clinical negligence claim payment is approximately £50,000, though cases involving permanent injury or death regularly exceed £1 million. Cerebral palsy cases resulting from birth injuries have produced awards exceeding £20 million.

Typical Compensation Range

£25Kto£2M

Based on reported settlements and court awards. Individual case values vary significantly.

Limitation Period

3 years

May vary by jurisdiction. Don't wait — time limits apply.