top of page
Frequently Asked Questions
Medical negligence occurs when a healthcare professional provides treatment that falls below the standard expected of a reasonably competent practitioner, resulting in avoidable injury or worsening of a condition. It applies to NHS and private care.
Negligence can involve errors in diagnosis, delays in treatment, surgical mistakes, medication errors, or poor aftercare. A successful claim must show unacceptable care and actual harm caused by that care.
You may have a valid claim if you can show that a healthcare provider failed to meet an acceptable standard of care and that this directly caused harm, injury, or additional complications. Lawyers assess this by reviewing medical records, taking detailed statements, and instructing independent medical experts. A poor outcome alone does not automatically mean negligence, so early legal advice is essential.
In the UK, you generally have three years from the date the negligence occurred or the date you first realised something had gone wrong (known as the “date of knowledge”). There are exceptions for children—whose three-year limit starts on their 18th birthday—and for individuals without mental capacity, where time limits may not apply. Seeking advice promptly ensures evidence is preserved.
Yes. You may be able to claim on behalf of a child, someone who lacks mental capacity, or a loved one who has passed away because of negligent medical treatment. Often this involves acting as a “litigation friend,” or as the executor of an estate in fatal cases. Each situation has specific legal rules and time limits, so specialist guidance can help clarify what is possible.
Compensation in medical negligence claims varies significantly depending on the severity of the injury, long-term impact, financial losses, and future care needs. It typically includes “general damages” for pain, suffering, and loss of quality of life, as well as “special damages” for expenses like treatment, lost earnings, adaptations, or ongoing support. Lawyers and medical experts work together to estimate a fair settlement.
Yes. Medical negligence claims rely heavily on evidence from independent medical experts who review your records and assess whether the care you received fell below an acceptable standard. They also determine whether that breach caused your injury. Their reports form a crucial part of your case, helping your legal team understand what happened and proving your claim to the defendant or a court.
The length of a claim depends on its complexity, the severity of injuries, and whether the healthcare provider accepts responsibility. Straightforward cases may settle within months, while more complex matters—especially those involving long-term injuries or disputed liability—can take several years. The process consists of gathering evidence, obtaining expert reports, negotiating compensation, and, if necessary, preparing for court.
Most medical negligence claims are resolved through negotiation before reaching court, meaning clients do not need to attend a trial. However, if the defendant disputes liability or the amount of compensation, court proceedings may be necessary. Even then, only a small proportion of cases reach a final hearing. Solicitors guide and support clients throughout the process to reduce stress.
Many medical negligence solicitors offer No Win, No Fee agreements, also known as Conditional Fee Agreements (CFAs). No Win, No Fee means you do not pay legal fees if the claim is unsuccessful. If you win, a capped success fee may apply. Legal aid is available only in limited cases, such as some birth injury claims. Solicitors explain funding options so you can proceed with confidence.
Bringing a medical negligence claim should not negatively affect how you are treated in the future. NHS and private healthcare providers are obligated to provide care impartially, regardless of any legal action. Many people pursue claims to obtain answers, improve standards, or secure support for their recovery—not to criticise individual clinicians. Your ongoing treatment remains a separate and protected entitlement.
Yes. If a delayed diagnosis led to unnecessary suffering, reduced treatment options, or worsened outcomes, you may be able to make a cancer negligence compensation claim.
Claims often involve breast cancer, bowel cancer, lung cancer, prostate cancer, cervical cancer, skin cancer, ovarian cancer, and other forms of oncology negligence.
Medical negligence may have occurred if your symptoms were ignored, referrals were delayed, test results were missed, or treatment was not provided within a reasonable timeframe. Our solicitors can review your records and seek independent medical opinions to assess your case.
Every case is different. Some claims resolve within months, while more complex cases can take longer. We always aim to progress claims efficiently while ensuring every detail is properly investigated.
No. If your claim is unsuccessful, you do not pay legal fees.
In some circumstances, family members may be able to bring a claim on behalf of a loved one or after a bereavement. We can advise you sensitively and clearly about your options.
Yes. If a fracture was missed or diagnosis was delayed and this led to additional pain, complications, or a worse outcome, you may be able to bring a claim.
Potentially. If avoidable errors during surgery or post-operative care caused harm, further surgery, or ongoing pain, you may have grounds for a claim.
If a medical professional failed to identify an injury visible on an X-ray or scan and this caused avoidable harm, you may be entitled to compensation.
Yes. Claims may arise where avoidable surgical errors, delayed diagnosis, or failures in post-operative care have caused injury or worsened your condition.
Cauda equina syndrome is a serious spinal condition that requires urgent medical treatment. If healthcare professionals failed to recognise symptoms or delayed investigation and treatment, resulting in avoidable harm, you may be entitled to make a claim.
The timeframe depends on the complexity of the case and the severity of the injuries. We will always aim to progress your claim as efficiently as possible while ensuring it is fully investigated.
No. If your orthopaedic negligence claim is unsuccessful, you do not pay legal fees.
Evidence typically includes medical records, diagnostic imaging, expert medical opinions, and information about how the negligence has affected your life, work, and recovery.
Got a question for us? Our dedicated team provide professional representation and expert legal advice.
Graystons solicitors have the expertise to deal with all brain injury claims caused as a result of medical negligence.
As a specialised niche firm that deals exclusively with medical negligence claims, Graystons has the ability to give your brain injury claim the attention it deserves. By making a claim, we may be able to ensure the individual is compensated for the brain injury itself and also provide for the cost of future caring needs and any assistive technology the individual needs.
bottom of page