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Claims & Compensation2 min check

Medical Negligence Claim Checker

Clinical negligence claims hinge on two things: a breach of the standard of care, and harm caused as a result. Answer a few questions for an indicative view.

Short answer

Clinical negligence claims need two things: (1) Breach of Duty — the care fell below 'reasonable body of medical opinion' (Bolam/Bolitho test), AND (2) Causation — that breach caused additional injury or loss. Both must be proved by independent medical expert evidence.
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What happened

How it works

We screen for the typical clinical negligence claim ingredients: a treatment provider you trusted, a clear breach (delayed diagnosis, surgical error, failed monitoring, medication error), and a worse outcome you wouldn't have suffered with proper care.

Worked example

Symptoms of bowel cancer ignored for 8 months → diagnosis delayed from Stage 2 to Stage 4. If experts confirm earlier referral was reasonable AND would have changed prognosis, breach + causation are established.

Who should use this

  • Patients harmed by NHS or private treatment
  • Family members of someone seriously injured or deceased
  • Anyone whose informed consent was missing or inadequate

Common mistakes

  • ×Confusing 'bad outcome' with negligence — bad outcomes happen without fault
  • ×Missing the 3-year limitation (from date of knowledge)
  • ×Not requesting full medical records early via the Subject Access Request route
  • ×Trying to claim without a specialist clinical negligence solicitor

Frequently asked questions

How long does it take?

2–5 years for substantial cases — expert reports, NHS Resolution review and possible court proceedings all take time.

Will I sue an individual doctor?

Almost never — claims go against the NHS Trust or the private hospital's insurer.

Is there a cap on damages?

No. Severe cases (cerebral palsy, paraplegia) can exceed £20m for lifetime care needs.

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