Medical Negligence guide · England & Wales

Medical negligence claims:a step-by-step guide to compensation

How medical negligence claims work in England and Wales — the legal tests, how a claim is investigated, time limits and what compensation can cover.

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Written by Leanne Henton, Head of Personal Injury and Medical Negligence.
Reviewed by Leanne Henton on 2026-11-10.

In short

To claim, you need to show that your care fell below an acceptable standard and that this caused your injury. You usually have three years from the treatment, or from when you realised it may have caused harm. Most cases settle without trial and are usually funded on a No Win No Fee basis.

Reviewed by Leanne Henton, Head of Personal Injury and Medical Negligence, NJS LawLast reviewed: September 2026 · England & Wales

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Figures verified with NJS Law on 9 November 2026.

1What is medical negligence, and can you claim?

A claim needs both of these, proved on the balance of probabilities:

Breach of dutyYour treatment fell below the standard expected of a reasonably competent professional in that field.

CausationThe breach caused your injury or made the outcome worse — not your underlying illness.

A poor outcome or a mistake is not enough on its own.

2The legal tests a claim must meet

The Bolam testWould a responsible body of similarly qualified professionals have acted the same way?

Informed consent (Montgomery)Doctors must explain material risks and reasonable alternatives. Failing to warn of a significant risk can be negligent.

Causation — "but for"Would the injury have happened but for the negligent treatment? This is often the hardest part to prove.

3Common types of medical negligence claim

Delayed or missed diagnosis
Cancer misdiagnosis
Surgical negligence
Birth injury and obstetric claims
GP and primary care negligence
Medication errors
Anaesthetic and critical care errors
Cosmetic and aesthetic negligence

4How a claim is investigated

Claims follow the Pre-Action Protocol for the Resolution of Clinical Disputes. Without supportive expert evidence, a claim cannot go ahead.

Step 1Obtain and review your medical recordsWe request records from GPs, hospitals, clinics and specialists and build a timeline of your care.

Step 2Independent expert evidenceIndependent specialists assess whether your care was acceptable and whether a breach caused your injury.

Step 3The Letter of ClaimIf the experts support your claim, we send a formal letter setting out the allegations, your injuries and your losses.

Step 4The defendant's responseThe provider usually has four months to investigate and admit or deny liability, in whole or in part.

Step 5Valuation, negotiation or courtIf liability is admitted, we value your claim. If it is denied, we may issue proceedings — though most cases still settle.

Free downloadMedical Negligence Claims GuideFree PDF: we'll email and text you a private link.

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5Time limits: how long do you have to claim?

Under the Limitation Act 1980, proceedings must usually be issued within three years of the negligent treatment, or of your date of knowledge. Missing the deadline can stop a claim entirely.

Children — the three years start at 18, so a claim can usually be brought up to age 21. A parent can claim sooner as litigation friend.
Lack of mental capacity — if someone lacked mental capacity when the injury happened, the three years do not start until they regain it. If they lose capacity later, the time limit keeps running, so act quickly.
Fatal claims — different time limits may apply.

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6How much compensation can you claim?

There is no fixed amount. General damages are valued using the Judicial College Guidelines, 18th edition (2026); future financial losses are calculated using actuarial multipliers.

Type of harm	Indicative range
Minor, short-term harm with full recovery	Depends on severity: ask us for an estimate
Delayed diagnosis with treatable outcome	Depends on severity: ask us for an estimate
Significant surgical injury	Depends on severity: ask us for an estimate
Serious delayed cancer diagnosis	Depends on severity: ask us for an estimate
Severe disability or lifelong care	Depends on severity: ask us for an estimate
Psychiatric injury	£2,040 to £152,900

Indicative ranges based on the Judicial College Guidelines, 18th edition (2026). General guidance only, not a quote — financial losses (special damages) are added on top.

7Rehabilitation and interim payments

Once liability is admitted, early funding may be available for physiotherapy, psychological therapy, specialist treatment and nursing care. Interim payments can be secured before final settlement — especially important if you can't work.

8How long do medical negligence claims take?

Moderate casesOften around 18 to 24 months.

Complex casesTwo to four years or longer.

Settling too early can mean being under-compensated.

9How is a claim funded? No Win No Fee explained

Most claims are funded by a Conditional Fee Agreement — No Win No Fee. You pay no upfront fees, nothing if your claim is unsuccessful, and, only if you win, a success fee from your compensation that the law caps. Your letter of engagement sets out exactly what you will pay, and we explain every term before you sign anything.

Read how No Win No Fee works

After the Event insurance is also arranged to cover the risk of paying the other side's costs.

10Why choose NJS Law?

An evidence-led approach: we secure your full records, instruct the right experts and address breach and causation from the start. We tell you clearly if a claim is unlikely to succeed, and the final decisions are always yours.