Both limbs must be supported by independent expert evidence, which is why these cases are investigated carefully before any claim is intimated. We will review your records, explain candidly whether the case appears viable, and set out the funding options — including whether a no win no fee arrangement may be available.
Can I Make a Claim?
- You received treatment from an NHS or private healthcare provider that fell below an acceptable standard.
- You suffered avoidable injury, a worsened condition or a materially worse outcome as a result.
- The claim is generally brought within three years of the treatment or of the date you first knew the harm was linked to it.
- Different rules apply for children and for people who lack capacity, where time limits may be extended.
Situations We Are Instructed On
- Delayed or missed diagnosis leading to a worse outcome
- Surgical errors and avoidable complications
- Medication and prescribing errors
- Failures to act on test results, imaging or referrals
- Inadequate consent, where material risks were not explained
- Substandard care in GP, dental and cosmetic settings
What Compensation Could I Claim?
- Damages for the additional pain, suffering and loss of amenity caused by the failing
- Cost of corrective treatment and future medical care
- Loss of earnings, past and future
- Care, therapy and support needs arising from the avoidable harm
- Travel and other expenses incurred because of the additional treatment
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
- Complete medical records from every treating provider
- Any response to a formal complaint or PALS correspondence
- Independent expert reports on breach of duty and on causation
- A chronology of symptoms, appointments and advice given
- Financial records supporting any losses claimed
How Long Could the Claim Take?
Clinical cases are among the slowest in personal injury work. Obtaining records, instructing experts and awaiting a stable prognosis commonly takes well over a year before proceedings are even considered. We will be realistic with you about this from the start.
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 medical 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.
Medical Negligence Claims FAQs
- Do I need to complain to the hospital first?
- It is not a legal requirement, but a complaint response often produces a useful written explanation. It does not stop or extend the limitation period.
- Will a claim affect my ongoing treatment?
- Your clinical care should continue on the basis of clinical need. If you have concerns, tell us and we can address them with the provider.
- Why do these claims need experts?
- The court decides breach of duty and causation on independent medical opinion. Without supportive expert evidence, a claim cannot realistically succeed.
- Is a bad outcome always negligence?
- No. Many complications occur even with entirely competent treatment. The question is whether the care fell below an acceptable standard and caused avoidable harm.
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.