Medical Negligence Solicitors

A medical negligence claim is a legal claim for compensation when poor medical care causes avoidable harm. This can include physical injury, a worsened condition, emotional distress, lost earnings, care costs or the need for further treatment.

To make a claim, you usually need to show that the care fell below a reasonable standard and that this directly caused harm. This may involve reviewing medical records and obtaining evidence from independent medical experts.

Medical negligence claims can involve NHS treatment, private healthcare, GP errors, hospital mistakes, misdiagnosis, delayed diagnosis, dental negligence or surgical errors.

You are not legally required to use a solicitor for a medical negligence claim, but specialist legal advice is strongly recommended. These claims can be complex because you must prove that the care fell below a reasonable standard and caused avoidable harm.

A medical negligence solicitor can review your medical records, gather expert evidence, assess the value of your claim and deal with the NHS, private healthcare provider or insurer on your behalf.

At Tilly Bailey & Irvine, we can explain whether your claim may be viable during a free initial interview. If your claim has reasonable prospects, we may be able to act on a no win, no fee basis.

A medical negligence compensation offer can take several months or longer, depending on how complex the claim is. Straightforward claims may settle sooner, but cases involving serious injury, disputed evidence or long-term care needs often take more time.

Before an offer is made, your solicitor will usually need to gather medical records, obtain expert evidence, assess liability and understand the full impact of your injury. This helps make sure any offer reflects your pain, losses, treatment needs, lost earnings and future care.

You should not feel pressured to accept an early offer without legal advice. It may not reflect the true value of your claim.

Solicitors often handle medical negligence claims on a no win, no fee basis if the claim has reasonable prospects of success. This means you do not usually pay legal fees upfront.

If your claim succeeds, a success fee may be deducted from your compensation. Your solicitor should explain this clearly before you agree to proceed. The amount can depend on the funding arrangement, the work involved and the risks of the case.

At Tilly Bailey & Irvine, we offer a free initial interview for medical negligence clients. We will explain your funding options, any potential deductions and whether a no win, no fee arrangement may be available.

You may be able to sue for medical negligence if a healthcare professional owed you a duty of care, provided treatment below a reasonable standard and caused you avoidable harm. This harm could be physical, psychological or financial.

Common grounds for a medical negligence claim include misdiagnosis, delayed diagnosis, surgical errors, poor aftercare, medication mistakes, birth injuries, dental negligence, GP errors or failure to refer you for specialist care.

A poor outcome alone is not always enough to claim. You usually need evidence showing that the care was negligent and that it directly caused injury, illness, loss or a worsened condition.

The chances of winning a medical negligence claim depend on the strength of the evidence. You usually need to prove that the care you received fell below a reasonable standard and directly caused avoidable harm.

A solicitor will look at your medical records, what happened during treatment, the impact on your health and whether independent medical experts support the claim. Your chances may be stronger if there is clear evidence of misdiagnosis, delayed treatment, surgical error, poor aftercare or a failure to act on symptoms.

At Tilly Bailey & Irvine, we assess this carefully before advising whether your claim should proceed.

The average payout for medical negligence in the UK varies widely depending on the severity of the injury, the impact on the victim's life, and other factors. Compensation can range from thousands to millions of pounds. One ouf our experienced medical negligence solicitors can assess your case and provide an estimate of potential compensation based on similar cases.

Yes, many NHS medical negligence claims settle out of court when liability is accepted or both sides agree a fair compensation amount. Going to court is not always necessary.

Most claims involve evidence gathering, expert medical reports, negotiations and discussions with NHS Resolution or the relevant NHS trust. If the evidence supports your claim, the case may settle before a trial.

Some claims do need court proceedings, especially where negligence is denied or the value of compensation is disputed. Even then, many cases still settle before the final hearing. A solicitor can advise you on the safest way to progress your claim.

A medical negligence claim can take several months to several years to settle, depending on the complexity of the case. Claims usually take longer when the injury is serious, the evidence is disputed or the long-term impact is unclear.

Before settlement, your solicitor may need to gather medical records, obtain independent expert evidence, assess whether negligence caused your harm and calculate your financial losses. This can include lost earnings, treatment costs, care needs and future support.

Straightforward claims may settle sooner. Complex NHS negligence, hospital negligence or misdiagnosis claims may take longer, especially if court proceedings are needed.

You should not accept the first medical negligence compensation offer without legal advice. An early offer may not reflect the full impact of your injury, future treatment needs, lost earnings, care costs or long-term support.

Once an offer is accepted, you usually cannot ask for more compensation later. This can be a serious problem if your condition worsens or your future losses were not properly valued.

A medical negligence solicitor can review the evidence, assess whether the offer is fair and negotiate where needed. At Tilly Bailey & Irvine, we aim to make sure any settlement reflects the real impact of the negligence on your life.

NHS negligence payouts vary from case to case, but NHS Resolution reported £3.1 billion in compensation and associated costs across clinical schemes in 2024/25. This figure covers many different claims, from lower-value cases to serious, life-changing injuries.

The amount paid in an individual NHS negligence claim depends on the injury, recovery, care needs, lost earnings, treatment costs and long-term impact. Higher-value claims often involve severe disability, birth injuries, delayed diagnosis or lifelong support needs.

A medical negligence solicitor can assess the value of your claim once medical evidence and financial losses are clear.

Yes, you may be able to claim against the NHS for emotional distress if negligent medical care caused a recognised psychological injury or formed part of the wider harm you suffered. Emotional distress alone can be difficult to claim for unless there is clear evidence of its impact.

A claim may include anxiety, trauma, depression or loss of enjoyment of life where this is linked to negligent treatment, delayed diagnosis, misdiagnosis, surgical error or poor hospital care. Medical evidence is usually needed to show how the negligence affected your mental health.

Our medical negligence solicitors can assess whether emotional distress forms part of your compensation claim.

How do I prove NHS negligence?

To prove NHS negligence, you usually need evidence that the care you received fell below a reasonable standard and caused avoidable harm. This means showing both negligence and causation.

Useful evidence can include medical records, referral letters, test results, appointment notes, discharge summaries, witness evidence and independent medical expert reports. These records help show what happened, what should have happened and whether the mistake affected your health.

Examples may include delayed diagnosis, misdiagnosis, surgical errors, poor hospital care, medication mistakes or failure to refer you for specialist treatment. A medical negligence solicitor can gather evidence and assess whether your NHS negligence claim is viable.

You can usually sue the NHS within three years of the negligent treatment or within three years of realising that NHS negligence may have caused you harm. This is known as the limitation period.

In some cases, you may only discover the issue later. For example, you may not immediately know that a delayed diagnosis, hospital error or GP mistake caused your condition to worsen. This is why the “date of knowledge” can be important.

Different rules may apply for children, people who lack mental capacity and fatal medical negligence claims. If you are unsure whether you are still in time, a solicitor can review the dates and explain your options.

You can contact our medical negligence solicitor team if you believe NHS negligence caused you avoidable harm. You can also make a complaint directly to the NHS trust, GP practice or healthcare provider involved.

A complaint can help you get answers about what happened. A legal claim is different because it focuses on proving negligence and recovering compensation for injury, financial loss, care needs or future treatment.

At Tilly Bailey & Irvine, we can review your concerns, explain whether you may have an NHS negligence claim and advise on the next steps. We offer a free initial interview for medical negligence clients.

You can make a clinical negligence claim if poor medical care caused you avoidable harm. This can include treatment from the NHS, a private hospital, GP, dentist, surgeon, consultant or other healthcare professional.

You may be able to claim for yourself, on behalf of a child, or on behalf of someone who lacks mental capacity. In some cases, a family member may also be able to claim after a loved one has died because of negligent medical care.

To bring a claim, you usually need evidence that the care fell below a reasonable standard and caused injury, illness, financial loss or a worsened condition.

Yes, you may be able to make a medical negligence claim on behalf of a loved one if they cannot bring the claim themselves. This may apply if the person is a child, lacks mental capacity or has died because of negligent medical care.

For children, a parent or guardian can often act as a litigation friend. For adults who lack capacity, another suitable person may be able to act on their behalf. If your loved one has died, certain family members or dependants may be able to bring a fatal medical negligence claim.

A solicitor can explain who is eligible to claim and what evidence is needed.

A patient recall letter is a formal letter asking you to return for further checks, treatment or review after a possible issue with your medical care has been identified. It may come from an NHS trust, hospital, GP practice, dentist, private healthcare provider or health board.

A recall letter does not always mean medical negligence has happened. However, it may suggest that a concern has been found, such as a missed diagnosis, treatment error, failed follow-up, incorrect test result or problem affecting several patients.

You should read the letter carefully, attend any recommended appointment and keep a copy. A medical negligence solicitor can advise if the recall raises concerns about avoidable harm.

If you receive a recall letter from a hospital or health board, you should read it carefully, attend any recommended appointment and keep a copy of all correspondence. The letter may ask you to return for further tests, treatment or a review of previous care.

You should also make a note of your symptoms, concerns and any impact on your health, work or daily life. If the recall suggests a missed diagnosis, treatment error, failed follow-up or wider issue with patient care, you may want legal advice.

Our medical negligence team can explain whether the recall may support a claim for compensation.

Yes, you may be able to make a medical negligence claim if poor care at a private hospital caused you avoidable harm. Private healthcare providers, consultants, surgeons and clinical staff still owe you a duty of care.

A private hospital negligence claim may involve surgical errors, delayed diagnosis, poor aftercare, infection, medication mistakes or treatment that fell below a reasonable standard. These claims are usually made against the private hospital, individual clinician or their insurer.

A medical negligence solicitor can review your records, identify who may be responsible and explain whether you may have a valid compensation claim.

Tilly Bailey & Irvine can help you with various types of medical negligence claims, including but not limited to misdiagnosis, surgical errors, cosmetic surgery claims, medication mistakes, birth injuries, dental negligence, hospital-acquired infections, and failure to provide appropriate treatment or follow-up care.