What is Clinical Negligence?

Clinical negligence, often called medical negligence, is when healthcare professionals fail to provide care that meets established standards, resulting in avoidable harm. This can happen in NHS or private settings - whether through a misdiagnosis, delayed referrals, surgical mistakes, or negligence by a GP, dentist, pharmacist, or consultant.

Not all poor outcomes are negligent. The standard for negligence is when a clinician's actions fall below what a competent professional would do in that circumstance.

What is Clinical Negligence?

Not all poor outcomes are negligent. The standard for negligence is when a clinician's actions fall below what a competent professional would do in that circumstance.

What Is a Clinical Negligence Claim?

A clinical negligence claim seeks compensation for harm caused by substandard medical care. The claim can be brought by the patient, a parent, a dependent, or the estate if a loved one has died.

Typical clinical negligence compensation claims arise after avoidable injuries, misdiagnosis, medication errors, or failures in care. A successful claim recognises the impact on your health and life, aiming to put you back (as much as possible) in the position you would have been in if the negligence hadn’t occurred.

Injured by a Medical Mistake? See If You Can Claim

Can I Make a Clinical Negligence Claim?

You may be eligible for a clinical negligence claim if three legal criteria are met:

Duty of Care: The medical provider owed you a duty.
Breach of Duty: The standard of care fell below what is expected.
Causation: You suffered harm as a result.

Claims can be made by patients, parents, dependents, or on behalf of someone who has died. Every situation is unique - we make the law understandable and will help you work out quickly if you can claim.

Can I Make a Clinical Negligence Claim?

You may be eligible for a clinical negligence claim if three legal criteria are met:

Duty of Care: The medical provider owed you a duty.
Breach of Duty: The standard of care fell below what is expected.
Causation: You suffered harm as a result.

Examples of Clinical Negligence Claims

Cancer misdiagnosis or late diagnosis – including missed tumours and delayed cancer referrals.

Surgical errors, such as wrong-site surgery or retained instruments – see our surgical negligence compensation page.

Birth injuries affecting mother or baby – for more, view our birth injury solicitors service.

Medication errors by GPs, hospitals, or pharmacies – including pharmacy medication error claims.

Dental negligence - mistakes with dental procedures, implants, or missed infections.

Pressure sores and failures in care homes – see our care home negligence solicitors page.

GP negligence - such as failing to refer to specialists.

Eye injuries mismanaged or missed by opticians.

Negligent spinal injury treatment - more on our spinal injury negligence solicitors page.

Examples of Clinical Negligence Claims

Cancer misdiagnosis or late diagnosis – including missed tumours and delayed cancer referrals.

Surgical errors, such as wrong-site surgery or retained instruments – see our surgical negligence compensation page.

Birth injuries affecting mother or baby – for more, view our birth injury solicitors service.

Medication errors by GPs, hospitals, or pharmacies – including pharmacy medication error claims.

Dental negligence - mistakes with dental procedures, implants, or missed infections.

Pressure sores and failures in care homes – see our care home negligence solicitors page.

GP negligence - such as failing to refer to specialists.

Eye injuries mismanaged or missed by opticians.

Negligent spinal injury treatment - more on our spinal injury negligence solicitors page.

Types of Clinical Negligence Compensation Claims

Clinical negligence can have life-changing effects - physical pain, psychological trauma, and financial losses. Our work covers:

Birth injury claims (including cerebral palsy claims)
Fatal medical negligence claims
Delayed diagnosis compensation (for cancer, sepsis, or other conditions)
Surgical negligence compensation (such as burns, nerve injury, or retained foreign objects)
Brain injury compensation claims
Spinal injury negligence claims
Pressure sore compensation and amputations

No matter the type of injury, we’ll support you and your family at every stage.

How to Make a Clinical Negligence Claim

To make a clinical negligence claim, the first step is an initial conversation with our team.

Step 1: Free Initial Conversation
We start with a free, no-obligation conversation to listen to your experience and advise whether you may have a strong claim.

Step 2: We Gather the Evidence
If you choose to proceed, we obtain your medical records and handle all communication so the process is simple for you.

Step 3: Independent Expert Review
Specialist independent medical experts assess whether your care was negligent and whether the harm could have been avoided.

Step 4: We Submit and Negotiate Your Claim
If the evidence supports your case, we prepare and submit your claim and manage negotiations to secure the compensation you deserve.

Most cases are handled on a No Win No Fee basis, meaning you pay nothing upfront and no legal fees if your claim is unsuccessful. You usually have three years from the date of injury or date of knowledge to begin a claim, so early advice is important to protect your rights. Early advice from clinical negligence solicitors is crucial to protect your rights.

Examples of Forbes Clinical Negligence Claims and Success Stories

Settlement Amount	Case Details
£6.6 million	For a newborn suffering brain injury due to negligent maternity care.
£4 million	Secured for a child with cerebral palsy after birth injury due to delayed delivery and failure to monitor.
£850,000	After the hospital failed to urgently treat glaucoma, causing loss of vision.
£170,000	For the family of a man who died following a delayed surgical abscess drainage.
£54,500	Following the tragic neonatal death of a baby due to hospital failings.
£52,000	For delayed diagnosis of bowel cancer, safeguarding lost years for a self-employed claimant.
£40,000	For a missed tendon rupture that led to multiple unnecessary surgeries.
£25,000	For a missed diagnosis of bladder cancer after NHS delay.

I dealt with Lisa Atkinson from the Blackburn branch. Lisa was always open and honest with regards to what we could expect from the case. Always quick to respond to any query we had, updated us along the way and was always professional. I found her to be very thorough in all dealings that we had with her, and would not hesitate to use again. Thank you

Lisa Bromilow

I would like to say how eternally grateful I am for the service that Lisa has given us through this devastating time of losing my mum. Lisa has been completely honest and upfront from the start with what to expect, and 'held our hand' all the way. Whenever I needed to contact Lisa she would either answer straight away or get back to me very quickly. I do believe that Lisa is a credit to Forbes and would highly recommend her

Elaine Edwards

Forbes have been our legal team for the past 6 years and John Bennett has been the solicitor for our case. The amount of work and dedication carried out from John has been immense. We have settled this case knowing my child will be set for life and have everything we will ever need. I feel very lucky to have found a solicitor so passionate about what he does. There isn't anything in this world we could thank John with but, from the bottom of our hearts. THANK YOU SO MUCH!!!!!

Anonymous

Leonie was very thorough and guided me through all the process from start to finish. Nothing was too much trouble. We won the case and hopefully because of her hard work and dedication we will see some improvements within the NHS

Michelle Moss

John Bennett at Forbes has been patient, supportive and understanding. From the outset I felt that my case was in safe hands. Throughout the process I have found that John is happy to explain terminology and procedures so that I have felt reassured and comfortable.

Anonymous

It’s been a long journey with Leonie, but one with a successful outcome. Throughout that time Leonie has been professional, thorough and ensured I was fully informed. Due to the nature of the case, it has been difficult but Leonie has always been sensitive and compassionate. At every step of the process I have felt informed and aware of what was happening and the next steps. Leonie has helped guide me and support me throughout the case.

Anonymous

Clinical Negligence FAQs

Claiming for Clinical Negligence may sometimes seem like a complicated or confusing process, which gives rise to a number of questions and queries. Read our FAQs below to get all the basic information that you need about clinical negligence.

How do I know if I have a clinical negligence claim?

To have a clinical negligence claim, three things must be proven: the standard of treatment provided has fallen below the standard expected of a reasonably competent clinician dealing with your particular condition, and the poor treatment has caused extra pain, suffering, loss and damage over and above that which would have been experienced if the appropriate treatment had been provided. An experienced solicitor will review your case, medical history, and records and may consult independent experts to assess the care standards and impact. See our medical negligence compensation guide for more details.

How long do I have to make a clinical negligence claim?

You usually have three years from the date of the incident or from when you first realised negligence might have occurred. Children have until their 21st birthday. For those lacking mental capacity, the time limit may not apply. It’s important to act early - contact us promptly so your rights are preserved.

How much compensation could I receive for clinical negligence?

Compensation varies depending on your injury and circumstances. You may be awarded General Damages for pain, suffering, and loss of enjoyment, plus Special Damages for financial losses - like lost earnings, care costs, and future needs. Each case is unique, and we’ll help you understand your potential entitlement.

Do I have to go to court for a clinical negligence claim?

Most clinical negligence cases settle out of court. Our solicitors always prepare comprehensively to secure the best possible outcome. Very few cases require a trial - if yours does, we’ll support and guide you at every step.

What does a clinical negligence solicitor do?

Your solicitor manages the claim from start to finish - obtaining records, arranging expert medical evidence, assessing losses, drafting the claim, negotiating with the defendant, and, if necessary, handling court proceedings. Our goal is always the best result with as little stress as possible.

Are clinical negligence claims no win no fee?

Yes, at Forbes Solicitors, we offer no win no fee for clinical negligence claims. This protects you from upfront legal costs or bills if your case doesn’t succeed.