Whether your concern relates to hospital care, a GP practice, a private clinic or a community service, the framework is the same. We will explain the steps clearly and discuss the funding options that may apply to your case.
Can I Make a Claim?
- You, or a family member you are acting for, received healthcare that arguably fell below a competent standard.
- Avoidable harm followed, which independent expert evidence can link to that failing.
- The claim is brought within the applicable limitation period, subject to the special rules for children and protected parties.
- Where a patient has died, the estate and certain dependants may bring a claim.
Situations We Are Instructed On
- Hospital treatment where an avoidable complication has occurred
- GP failures to refer, investigate or follow up
- Maternity and neonatal care concerns
- Anaesthetic and post-operative monitoring failures
- Nursing care failures, including pressure sores and falls in hospital
- Private cosmetic and dental procedures with avoidable harm
What Compensation Could I Claim?
- General damages reflecting the avoidable injury and its consequences
- Past and future treatment, therapy and medication costs
- Loss of earnings and pension loss where working life is affected
- Professional and family care, case management and equipment
- Accommodation and adaptation costs in the most serious cases
What can be recovered in any individual case depends on the medical evidence and on the losses that can be proved. We do not estimate figures before that evidence is available.
Evidence That Helps
- Full records, including nursing notes, charts, imaging and correspondence
- Independent expert opinion from the relevant clinical specialty
- A detailed witness statement setting out your own account
- Any Serious Incident report, inquest material or regulatory findings
- Documents proving each item of financial loss claimed
How Long Could the Claim Take?
The pre-action protocol requires a Letter of Claim and allows the defendant four months to respond with a Letter of Response. With records collection and expert evidence before that, and negotiation or proceedings afterwards, clinical claims commonly run for two years or more.
No Win No Fee Funding for This Type of Claim
A No Win No Fee agreement — known in law as a conditional fee agreement — is a written contract between you and your solicitor. Under it, our fee for the legal work becomes payable only if your claim is successful. It is a way of funding a claim without paying our costs up front. It is not a promise about the outcome of your case, and it is not available in every matter.
How a No Win No Fee agreement works
- Assessment first. We review the facts, the likely evidence and your prospects before deciding whether we can offer this type of funding.
- If the claim succeeds. The opponent is usually ordered or agrees to pay a substantial part of your legal costs. A success fee — a percentage uplift on our charges, capped by law in personal injury work — is deducted from your compensation. The percentage will be stated in your agreement before you sign it.
- If the claim does not succeed. You would not pay our fee for the legal work covered by the agreement. You may still be responsible for certain disbursements and, in some circumstances, the opponent’s costs, which is why insurance arrangements are discussed with you at the outset.
- Deductions and other costs. Expenses such as medical reports, court fees, expert evidence and any insurance premium are dealt with separately. We will explain which of these may be deducted from your damages and how they are calculated.
- Alternatives. You may already have legal expenses cover through a household, motor or credit card policy, or through a trade union. We will ask about this because it may be a better option for you.
Who may be eligible
Eligibility depends on the individual case, including whether another party appears to be legally responsible, whether the injury and losses can be evidenced, and whether the claim is brought in time. Some claims are not suitable for this form of funding. We will tell you honestly if we cannot act on this basis, and explain the alternatives that may be open to you.
The exact terms — including the success fee percentage, the disbursements involved and what would happen if the claim were unsuccessful — are set out in writing and explained to you before you decide whether to proceed. Nothing on this page is a guarantee about the outcome of a claim or a statement that any particular funding arrangement will be available. Please take advice about your own circumstances.
Speaking to a No Win No Fee Solicitor
The first conversation is an assessment, not a commitment. A solicitor will listen to what happened, identify who may be legally responsible and consider what evidence is likely to be available. In the context of clinical negligence claims, that usually means looking closely at how the incident occurred, what records exist and how your injury has affected your work and daily life.
Once we understand the case, we can discuss funding. Where a conditional fee arrangement is appropriate, we will explain the terms, the deductions and the risks in writing so that you can make an informed decision. Where it is not appropriate, we will say so and set out any alternative route available to you, including existing insurance cover or union support. Either way, you will know where you stand before any work begins.
Clinical Negligence Claims FAQs
- What is the difference between medical and clinical negligence?
- In practice they describe the same area of law. Clinical negligence is the term generally used by the courts, the NHS and practitioners.
- Am I suing an individual doctor?
- Usually not. Claims are typically brought against the trust or organisation responsible for the care, or against a private provider's insurer.
- Can I get an apology or explanation as well?
- Many clients want answers as much as compensation. The complaints process, the duty of candour and, where relevant, an inquest can all provide explanations.
- What if my relative died?
- A claim may be brought by the estate and by certain dependants. Any inquest evidence will often be relevant, and early advice is important.
Speak to our team
Tell us what happened and we will assess the claim and explain the funding options that may be available to you, in writing, before you decide how to proceed.