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Posted on 16th September 2025
If you’ve experienced poor medical care that has caused harm, you may be wondering whether you can make a claim, how the process works, and what compensation might be available. Our FAQs answer the most common questions about medical negligence claims, including time limits, evidence needed, and how a specialist solicitor can help you secure the compensation you deserve.
What is medical negligence?
Medical negligence happens when a healthcare professional provides care that falls below the accepted standard, causing injury, illness, or worsening of a patient’s condition.
Can I claim medical negligence after 10 years?
In most cases, you have three years from the date of the negligence or when you became aware of it. However, exceptions apply, such as for children or patients without mental capacity.
How to claim for medical negligence?
To start a claim, you’ll need to contact a medical negligence solicitor who will assess your case, gather medical records, obtain expert opinions, and guide you through the process.
How to prove medical negligence?
You must show that:
- The care you received fell below the expected medical standard (breach of duty).
- This breach directly caused you harm (causation).
How much for medical negligence compensation?
Compensation varies depending on the severity of harm, ongoing care needs, financial losses, and impact on quality of life. A solicitor can give a tailored estimate after reviewing your case.
What are examples of medical negligence?
Examples include misdiagnosis, surgical errors, delayed diagnosis and/or delayed treatment, incorrect medication, and birth injuries.
What is the time limit for a medical negligence claim?
Generally three years, but different rules apply for children (until age 18, then three years) and for those lacking mental capacity.
Can I claim on behalf of someone else for medical negligence?
Yes, you may be able to claim on behalf of a child, a relative who has died, or someone who cannot bring a claim themselves.
What happens if medical negligence caused death?
If negligence contributed to a patient’s death, their family may be able to claim compensation for the loss years, funeral costs, and dependency.
How long does a medical negligence claim take?
The length of time depends on the complexity of the case. Some settle in under a year, while others may take several years.
Do I need a solicitor for a medical negligence claim?
Yes, medical negligence claims are complex and usually require expert legal and medical knowledge. A solicitor ensures your case is prepared properly and you receive the appropriate compensation.
What evidence do I need for a medical negligence claim?
Evidence may include medical records, witness statements, financial documents, and expert medical reports.
Can I claim for medical negligence against the NHS?
Yes. NHS patients can bring claims if their care fell below the accepted standard and caused harm. The NHS self-insures for this purpose.
What types of compensation can I get for medical negligence?
Compensation awards cover pain and suffering and loss of amenity called ‘General Damages’ as well as loss of earnings medical costs, ongoing care, and other financial losses, known as ‘Special Damage’.
Can I make a no win, no fee medical negligence claim?
Yes. Blackwater Law offer no win, no fee arrangements, meaning you only pay a contribution towards your legal costs if your claim is successful.
