Medical Negligence Compensation Claim Guide.

The first step is to speak with one of our specialist medical negligence solicitors. During this free, no-obligation consultation, we will take the time to understand your situation, answer your questions, and begin to assess whether the care you received may have fallen below the expected standard. Our approach is always personal and sensitive to your circumstances, and we will help you understand what your options might be.

If we believe there is merit in exploring a claim, we will begin a detailed investigation into the treatment you received. This involves obtaining and reviewing your medical records, and instructing independent medical experts where appropriate. These experts will assess whether the care provided was substandard and whether that failing directly caused you harm.

This part of the process is essential. In order to bring a successful claim, it must be shown that the medical treatment fell below a reasonable standard and that this caused avoidable injury or suffering. We will keep you updated throughout the investigation, explaining everything clearly as the evidence develops.

Once we have supportive medical evidence, we will prepare a formal Letter of Claim. This outlines the details of your case and is sent to the healthcare provider responsible for your care. It sets out where we believe the treatment fell short, the impact this has had on your health and wellbeing, and why compensation is being sought. The defendant then has a set period of time, typically four months, to investigate the claim and provide a formal response.

If the healthcare provider accepts responsibility, we will begin negotiations to agree a fair settlement. This includes compensation for the harm suffered, such as pain and suffering, financial losses, ongoing care needs, or any effect the injury has had on your independence and quality of life.

If liability is denied, we will carefully review the response with you and advise whether it is appropriate to continue. We will always be open and realistic about the chances of success, and will not encourage you to proceed unless we believe it is in your best interests.

If a fair outcome cannot be reached through negotiation, we may advise that court proceedings are issued to protect your position and progress your case. While this may sound daunting, rest assured that the majority of cases are still resolved without going to a final trial.

Once court proceedings are issued, a formal legal document called the Particulars of Claim is prepared and served on the defendant. This outlines your case in detail and sets out the reasons why you believe the defendant is responsible for the harm you have suffered. The defendant then has 28 days to respond with a defence, which is their opportunity to set out their position and explain why they dispute the claim.

The court will then set a timetable for managing the case towards trial. This usually includes steps such as:

• Exchanging witness statements
• Exchanging expert evidence
• Preparation of a joint statement by the medical experts, highlighting areas of agreement and disagreement
• Clarifying and finalising the financial losses being claimed

Throughout this process, we will continue working to achieve a settlement wherever possible. Even during court proceedings, negotiations can continue right up to the day of trial, and many cases are resolved before they ever reach the courtroom.

If your case does proceed to a final hearing, it will be heard by a judge who will consider all of the evidence and reach a decision. If the judge finds in your favour, the defendant will be ordered to pay compensation, along with your reasonable legal costs.

If the court does not rule in your favour, we will carefully review the outcome and advise you about your options, including whether an appeal may be possible. While this is a rare outcome, it is something we will prepare you for sensitively and thoroughly, with your best interests always at the forefront.

When pursuing a Medical Negligence Claim, it is imperative to seek expert and trustworthy legal advice as soon as possible. Our team of authorised and regulated medical negligence specialists has a breadth of experience in handling clinical negligence claim cases. We are available to discuss your circumstances and make sure you reach the best possible outcome.

The first step is to contact us through the enquiry form or the number on this page. We will assess your case with a friendly and confidential chat and guide you through the process.
Pursuing a medical negligence compensation case can be complex and difficult. However, our expert team of medical negligence specialists has extensive experience handling complex cases.

You may decide to lodge a complaint with the hospital, doctor, or practitioner before contacting a solicitor. This may help you investigate the circumstances of the event, and determine who, if anyone, could be responsible and liable for what went wrong.

Your solicitors will then gather evidence to support your claim. This may include:

• Medical Records – X-rays, GP records, hospital records etc.
• Statements from yourself and/or witnesses
• Photographs
• Reports from independent medical experts – these may consider whether the care provided to you was substandard, or determine the cause and severity of your injuries, and an estimate of your recovery time

All records and findings found during this phase will help your legal team fully understand what you may be entitled to in terms of compensation.

The claim must also be filed with the court within a specific timeframe.

There are many challenges and obstacles to overcome but with our team on your side, you can be assured of the best possible outcome for you and your case.

In most cases, you have three years from the date of the negligence, or from the date you first became aware that your injury was caused by negligent treatment. This is known as the Date of Knowledge.

There are important exceptions:

• Children: For those under 18, the three-year time limit starts on their 18th birthday, giving them until age 21 to bring a claim, unless a parent or guardian has already done so.
• Lack of mental capacity: If the person affected does not have the mental capacity to bring a claim themselves, there is no time limit, regardless of age.

Because every case is different, it’s important to seek legal advice as early as possible. We can help you understand where you stand and make sure deadlines are not missed.

Every case is different, but most medical negligence claims take between 18 months and three years to resolve. Complex cases or those requiring extensive expert evidence can take longer, and the stance of the defendant can also extend the process. If the doctor, trust, or hospital tries to deny liability, it will take longer to build a strong case and dispute their claims.

We will always keep you updated on timescales and work proactively to progress your claim.

Yes, you may claim for medical negligence compensation against the NHS or any individual or organisation that reasonably owes you medical duty of care. This includes claims against any doctor and practitioner such as hospital trusts, nurses, surgeons, mental health professionals and more.

The NHS provides a vital service to the British public and is renowned worldwide for its standard of healthcare quality. Unfortunately, things can go wrong, and cases of medical negligence can have devastating effects on patients and their families.

Cases of clinical negligence in NHS patients have reached a 10-year high in the data available in 2022, with only a slight decrease in 2025. The newest NHS negligence data for 2025 reports a total of 14,428 claims of negligence against the NHS, over 25% higher than 10 years prior – in 2015, the total number was 11,497. Most of the cases reach a settlement before going to a final trial.

A medical negligence made against the NHS can highlight the issue with the hospital, practitioner or trust, so that changes can be made to ensure that a similar event does not happen again in the future.

Losses directly caused by medical negligence can include physical, psychological or financial losses – both past and future. They can be divided into:

• General Damages (for your pain, suffering and loss of amenity)
• Special Damages (compensating financial losses suffered, both past and future, as a direct result of the incident)
• Legal Costs
• Interest

It is vital to keep an updated record of any financial documents to support your claim.

Receipts, bank statements and payslips from the six months preceding the incident can all massively help your case, although the final calculation of your financial compensation will be made by a solicitor or barrister. If the claim is made in regards to an incident that has taken place some time ago, this sum may be adjusted for inflation, granted the claim passes the three-part test for eligibility.

The three-part test is the legal framework used to determine whether someone has a valid medical negligence claim. In essence, it asks whether a healthcare professional breached their duty of care, and whether that breach caused avoidable harm.

1. It must be shown that the healthcare provider owed a duty of care to the patient. This is generally straightforward in medical settings, as a formal relationship between patient and clinician almost always establishes this duty automatically.
2. Whether there was a breach of that duty. This means examining the care that was given and comparing it to the standard expected of a reasonably competent medical professional in the same field. If the treatment fell below that accepted standard, then the duty of care may have been breached.
3. Causation. This requires evidence to show that the substandard care directly caused harm that could otherwise have been avoided. This is often the most complex part of the claim. It’s not enough that the treatment was poor: there must be a clear link between that failing and the injury or deterioration that followed.

These three elements (duty of care, breach of duty, and causation) form the basis of every medical negligence claim in England and Wales. If all three can be clearly established, and the harm suffered has had a meaningful impact on your health or quality of life, then you may have strong grounds to pursue a claim.

A Letter Of Claim is a document setting out the allegations of the claimant against the defendant. This is basically the claimant’s side of the events, outlining where the failures are believed to have happened, as well as a breakdown of the demands such as compensation.

A Patient Recall Letter is a notification that a healthcare provider sends to patients asking them to return for further care or treatments. This can sometimes be the result of the discovery of negligent actions by their medical staff, or an issue with medical devices and treatment.

If you have received a Patient Recall Letter, you will be informed of the details, reasons, and next steps for your medical care. This may include an indication of negligence: if you believe you have received a Patient Recall Letter following negligent care or a medical error, you must seek legal advice. Contact Lanyon Bowdler, and our team will help you through the process of a medical negligence claim.

To investigate a potential clinical negligence claim can take a long time, but, once you have selected your legal representation, your legal team will guide you through the process.

The solicitor in charge of your medical negligence compensation claim will obtain your medical records from your GP, hospital, and wherever you have had treatment. A Witness Statement will be drafted detailing your own account of events.

At this time we may send a Letter of Notification or may proceed to obtain independent expert evidence in relation to the care you have received.

If those experts are supportive of a claim, a Letter of Claim will be sent to the party considered liable for the incident.

The defendant will then have four months to respond to the Letter of Claim. In their response, they may admit liability in full, deny the claim, or they may respond with a partial agreement.

If the defendant has denied liability, or if the parties cannot agree on the settlement, the case will need to go to court.

Obtaining a court hearing can take a long time, sometimes several years following the issue of proceedings, and the costs associated with pursuing a court case make this approach unappealing.

However, if court proceedings cannot be avoided, our experienced clinical negligence solicitors will ensure that your case proceeds through the court process as quickly and efficiently as possible.

The fear of the financial burden associated with the pursuit of a compensation claim through the courts can often be overwhelming. However, it should be noted that many funding options may apply to your case.

• Conditional Fee Agreement (CFA): A CFA is commonly referred to as a “No Win No Fee” agreement. Should your case be ultimately unsuccessful, you will not be liable for the costs associated with the legal procedure. If your case is successful, a “Success Fee” may apply, usually as a pre-agreed percentage of your settlement.
• Legal Expenses Insurance (LEI): You may unknowingly be covered by Legal Expenses Insurance. This could be included in your home or car insurance policies, and your policy may outline specific limitations in terms of cost, or choice of solicitors.
• Legal Aid: Medical negligence cases are not normally covered by Legal Aid However, in very limited circumstances, Legal Aid may be available for claims involving neurological injuries suffered by children during pregnancy, birth or the eight weeks following birth.
• Private Funding: You may also cover all the costs associated with your solicitors and external expenses with your own funds.

Find out more about the team and the type of work we do, by clicking on the link and downloading our brochure.