If you have been harmed by medical care that fell below an acceptable standard, you may be entitled to compensation. Marley Solicitors acts for people across the UK in medical negligence claims against both the NHS and private healthcare providers, on a no win, no fee basis.
These claims are rarely only about money. Most of the people we act for want an explanation, an acknowledgement that something went wrong, and the means to pay for the care or rehabilitation they now need. We will tell you honestly whether we think a claim is likely to succeed before you commit to anything.
 | Reviewed by Lesley Anne Delaney, Principal Solicitor and Director, Marley Solicitors Lesley was admitted as a solicitor in March 2008 and has practised in personal injury and clinical negligence litigation for over 18 years. She is a Director and Owner of Marley Solicitors Ltd, and serves as the firm’s Compliance Officer for Legal Practice (COLP) and Compliance Officer for Finance and Administration (COFA). SRA ID 422379 | Verify on the Law Society register | Marley Solicitors Ltd is authorised and regulated by the SRA (No. 648368) | Last reviewed: October 2026 |
What is medical negligence?
Medical negligence, also called clinical negligence, happens when a healthcare professional provides care that falls below the standard reasonably expected of them, and that failure causes you avoidable harm.
Two things have to be established. First, that the care was substandard, judged against what a responsible body of practitioners in the same field would have done. Second, that the substandard care actually caused your injury or made your condition worse. This second part, known as causation, is often the harder of the two, because a poor outcome on its own is not proof of negligence. Medicine carries risk, and not every disappointing result is someone’s fault.
That is why these claims rest on independent medical evidence rather than opinion, and why we instruct experts in the relevant specialty before advising you on your prospects.
Am I eligible to make a medical negligence claim?
You are likely to have a valid claim if all three of the following apply:
- a healthcare professional owed you a duty of care, which is true of any clinician treating you
- that duty was breached through substandard diagnosis, treatment or aftercare
- the breach caused you harm, or made an existing condition significantly worse
You can claim against the NHS or a private provider, and you can claim on behalf of a child, someone who lacks capacity to act for themselves, or a family member who has died.
Types of medical negligence claims we handle
Our solicitors regularly act in cases involving:
- Misdiagnosis and delayed diagnosis – including conditions missed at appointments or on scans
- Cancer misdiagnosis – where delay has allowed a treatable cancer to advance
- Surgical errors – including wrong-site surgery and retained instruments
- Birth injuries – affecting mother, baby or both during pregnancy or delivery
- Brain injuries – caused by surgical error, oxygen deprivation or missed warning signs
- Spinal injuries – from surgical mistakes or missed fractures
- Amputation – where earlier intervention would have saved a limb
- Nerve damage – often linked to surgical or injection errors
- A&E negligence – including failure to assess, investigate or admit
- Medication and prescribing errors – wrong drug, wrong dose or missed interaction
- Anaesthesia errors – including awareness under anaesthetic and monitoring failures
- Cosmetic surgery negligence – leading to scarring, disfigurement or further surgery
- Dental negligence – poorly performed treatment or missed oral disease
- Orthopaedic negligence – involving bones, joints and ligaments
- Care home negligence – pressure sores, falls, malnutrition and neglect
- Fatal medical negligence – where substandard care has resulted in death
Where an injury is life-changing, our serious injury team works on the claim alongside rehabilitation and interim payments.
Medical negligence in the UK – the current picture
NHS Resolution, the body that handles negligence claims on behalf of NHS organisations in England, publishes figures each year. Its most recent annual report, covering 2024/25, shows:
- 14,428 new clinical negligence claims and reported incidents were received
- £3.1 billion was paid on clinical schemes in compensation and associated costs, up from £2.8 billion the previous year
- £1.3 billion of that related to maternity care
- 83% of clinical claims were resolved without the need for court proceedings, the highest proportion recorded
- 11,110 claims were settled through negotiation or mediation rather than litigation
Two things are worth drawing out of those numbers. Maternity accounts for a disproportionate share of the money paid, because birth injuries often require a lifetime of care. And the overwhelming majority of claims are resolved without anyone setting foot in a courtroom, which is usually the single biggest worry people raise with us at first contact.
How much compensation could you receive?
Compensation is made up of two parts.
General damages cover the injury itself, including pain, suffering and the loss of things you can no longer do. These are assessed against the Judicial College Guidelines, which set brackets by injury type and severity.
Special damages cover your financial losses, both those already incurred and those expected in future:
- loss of earnings, including future loss and pension impact
- private treatment, surgery and rehabilitation
- care and assistance, whether paid for or provided by family
- specialist equipment, prosthetics and mobility aids
- adaptations to your home or vehicle
- travel to medical appointments
- psychological treatment
In the most serious cases, particularly birth injuries requiring lifelong care, settlements can run into millions and are often structured as periodical payments rather than a single lump sum, so that care is funded for life.
Every case turns on its own facts. We assess your claim using independent medical evidence and, where needed, reports from care experts and employment specialists, so the figure reflects future losses as well as what you have already lost.
How to start a no win no fee medical negligence claim
- Free initial consultation. Tell us what happened. There is no cost and no obligation to go further.
- We assess the claim. We give you an honest view of whether it is likely to succeed, and say so plainly if we think it is not.
- We obtain your medical records. We request these on your behalf from every provider involved.
- Independent expert evidence. We instruct a specialist in the relevant field to report on whether the care fell below standard and what harm it caused.
- Letter of claim and response. The provider has four months to investigate and respond under the pre-action protocol.
- Negotiation and settlement. Most claims resolve at this stage. Court proceedings are a last resort.
Where liability is admitted early, we can often secure interim payments before the claim concludes. These can fund treatment, rehabilitation, adaptations or lost income while the rest of the case is worked through, which matters when the harm has left you unable to work.
How long does a medical negligence claim take?
It depends mainly on whether the provider admits liability and on how settled your prognosis is. Straightforward cases where fault is accepted early can conclude within a year or so. Complex claims take longer, often considerably.
The most common reason for a longer case is a good one. Where the long-term effects of an injury are not yet clear, settling early risks under-settling, and the compensation has to last for the rest of your life. We would rather wait for a reliable prognosis than accept a figure that leaves you short in ten years’ time.
Will I have to go to court?
Almost certainly not. NHS Resolution resolved 83% of clinical claims without court proceedings in 2024/25, and of those that do go further, the overwhelming majority settle before any hearing.
Issuing proceedings is sometimes necessary, usually to protect a limitation deadline or to apply pressure where a provider will not engage. Even then, the case normally settles before trial. If your claim were one of the rare ones to reach a hearing, we would prepare you thoroughly and represent you throughout.
Will making a claim affect my future NHS care?
No. You remain entitled to NHS treatment exactly as before, and bringing a claim does not change your right to care or how you should be treated by clinicians.
Claims against NHS organisations are handled by NHS Resolution rather than by the individual doctors or nurses involved, and are met through indemnity schemes funded by member contributions. Many people also tell us that part of the point of claiming is to make sure the same thing does not happen to someone else. NHS Resolution uses claims data to inform national patient safety work, so a claim can contribute to that.
Time limits for making a claim
In most cases you have three years to bring a medical negligence claim. That period runs from whichever is later of:
- the date the negligent treatment took place, or
- the date you first knew, or could reasonably have known, that negligent treatment had caused your injury
The second limb matters in medical cases more than most, because harm is often not apparent until much later. If your treatment was years ago but you only recently found out something had gone wrong, you may still be in time.
There are exceptions:
- Children – the three years do not begin until their 18th birthday, so a claim can be brought up to their 21st
- People who lack mental capacity – no time limit runs while they lack capacity
- Fatal cases – three years from the date of death, or from the date the family learned negligence was involved
Courts have a discretion to allow claims outside the time limit, but it is used sparingly and should never be relied on. If you think you may be close to a deadline, contact us now rather than later.
Claiming on behalf of someone else
For a child. A parent or guardian brings the claim as litigation friend. Any settlement has to be approved by a court, which exists to protect the child’s interests, and the money is usually held until they turn 18.
For an adult who lacks capacity. A family member, deputy or attorney can act as litigation friend. Where the injury itself caused the loss of capacity, the settlement normally includes provision for ongoing management of their affairs.
After a death. Two claims can arise. The estate can claim for what the person suffered before they died, and dependants can claim for their own losses, including loss of financial support and funeral costs. Certain close relatives may also be entitled to a statutory bereavement award.
We handle these cases with the care they need. Families coming to us after a bereavement are usually looking for answers first and compensation second, and we work accordingly.
No win, no fee explained
We handle medical negligence claims under a conditional fee agreement. If your claim does not succeed, you pay us nothing. If it succeeds, a success fee is deducted from your compensation, capped as a percentage of your damages. We set out the cap, and what it means for you in pounds, in writing before you sign anything.
Medical negligence claims usually require expert evidence, which has to be paid for as the case runs. We explain how those costs are covered, including after the event insurance where it applies, at the outset rather than later.
Why choose Marley Solicitors?
- No win, no fee. No upfront cost, and nothing to pay if the claim does not succeed.
- An honest view early. We tell you if we think a claim will not succeed rather than running up costs on a case that is going nowhere.
- One solicitor, start to finish. You deal with the same person throughout, not a call centre.
- Independent expert evidence. We instruct specialists in the relevant field, not generalists.
- Access to rehabilitation. Where liability is admitted, we push for interim payments to fund treatment while the claim continues.
Real results
“After suffering due to medical negligence, I wasn’t sure where to turn. Marley Solicitors handled everything with professionalism and care, securing compensation that helped me move forward.”
– Leanne
Medical negligence claim FAQs
Can I make a claim against the NHS?
Yes. NHS organisations can be held liable where treatment has fallen below an acceptable standard and caused avoidable harm. Claims are handled on their behalf by NHS Resolution rather than by the hospital or individual clinician directly.
Can I claim if I was treated privately?
Yes. The legal test is exactly the same. The practical difference is who the claim is against. Private consultants are usually individually indemnified through a medical defence organisation, while the hospital may carry separate liability for nursing and facilities. Where treatment involved both NHS and private care, more than one party may be responsible, and we identify the right defendants as part of the investigation.
Can I still claim if I signed a consent form?
Yes. A consent form records that you agreed to a procedure having been told about it. It is not a waiver, and it does not permit the procedure to be carried out negligently.
Consent can itself be part of a claim. Following the Supreme Court’s decision in Montgomery v Lanarkshire Health Board, clinicians must tell you about any risk a reasonable patient in your position would consider significant, and about reasonable alternatives. If you were not given that information and would have made a different decision had you been, that may be a claim in its own right.
Will the doctor or nurse be sued personally?
In NHS cases, no. The claim is brought against the trust or organisation, which is legally responsible for the acts of its staff, and handled by NHS Resolution. The individual clinician does not pay your compensation and is not personally sued.
They may be asked to give a factual account of what happened. This is one of the most common reasons people hesitate, particularly where the clinician was kind to them, so it is worth being clear: holding an organisation to account for a system failure is not the same as blaming an individual.
Do I need to make a complaint to the hospital first?
No. The NHS complaints procedure and a legal claim are separate processes, and you do not have to go through one before starting the other.
A complaint can be useful, because the response sometimes sets out what happened in writing. But it does not pause the three-year time limit, and we have seen people lose the right to claim while waiting for a complaint to conclude. If you are considering both, take legal advice at the same time rather than afterwards.
What if my treatment was several years ago?
It may still be possible to claim. The three-year period can run from the date you first realised that negligent treatment had caused your injury, rather than the date of the treatment itself. In cases involving delayed diagnosis or slowly developing harm, those dates can be years apart.
Whether your claim is in time is a legal question with a lot riding on it, so it is worth a conversation rather than an assumption.
Can I claim on behalf of my child?
Yes. A parent or guardian acts as the child’s litigation friend and brings the claim for them. Any settlement must be approved by a court, and the compensation is normally held until the child turns 18.
There is also more time than people expect. The three-year limit does not start until a child’s 18th birthday, so a claim can usually be brought at any point up to their 21st. That said, evidence is far easier to gather while events are recent.
Can I claim if a family member died because of negligent care?
Yes. Two separate claims can arise. The estate can claim for the pain and suffering the person experienced before death, and financial dependants can claim for their own losses, including loss of financial support and funeral expenses. Certain close relatives may also be entitled to a statutory bereavement award.
Where an inquest is taking place, it is worth getting legal advice beforehand, as the evidence heard can be significant for any later claim.
What evidence do I need for a medical negligence claim?
You do not need to gather it all yourself. The core of the evidence is your medical records, and we obtain those on your behalf. What helps is anything you already have: a timeline of what happened and when, names of the clinicians involved, photographs where the harm is visible, correspondence with the provider, and records of what the injury has cost you in earnings or expenses.
Does making a claim take money away from patient care?
This worries a lot of people, and it deserves a straight answer. Compensation for clinical negligence is met through indemnity schemes funded by contributions from member organisations rather than taken from an individual hospital’s treatment budget.
Compensation also exists for a reason. Where avoidable harm has left someone needing lifelong care, that care has to be paid for by someone, and the alternative is usually the family. NHS Resolution additionally uses claims data to inform national patient safety work, so claims feed back into preventing repeats.
Do you offer no win no fee medical negligence claims?
Yes. We handle medical negligence claims on a no win, no fee basis. There are no upfront legal fees, and if the claim does not succeed you owe us nothing.
Medical negligence compensation calculator
A calculator gives you a rough indication only, and it cannot account for future care, lost earnings or the long-term effect of an injury. We will give you a more accurate assessment, free of charge, once we have seen the medical evidence.
Speak to a medical negligence solicitor
Tell us what happened and we will tell you where you stand. The first conversation is free, there is no obligation, and we will give you an honest view rather than an encouraging one.
Call us: 01772 282600
Email: lesley@marleysolicitors.co.uk / yasmin@marleysolicitors.co.uk
Or complete our online enquiry form and we will call you back.
Sources
NHS Resolution, Annual Report and Accounts 2024/25 (published 17 July 2025)
Limitation Act 1980
Fatal Accidents Act 1976
Montgomery v Lanarkshire Health Board [2015] UKSC 11
Judicial College, Guidelines for the Assessment of General Damages in Personal Injury Cases
Page reviewed by Lesley Anne Delaney, Principal Solicitor and Director, Marley Solicitors – October 2026. Next review: when NHS Resolution publishes its next annual report.
