Medical Negligence Solicitors
Our team of Experienced and Regulated Medical Negligence Solicitors can guide you through every step of your claim.
We specialise in helping people like you pursue medical negligence compensation when healthcare providers fail to meet their duty of care.
We have years of experience handling claims across England and Wales, securing fair settlements for clients who have suffered life-changing injuries due to medical mistakes.
We are rated Excellent 4.5 out of 5 by our clients.
Our work has been featured in
What is Medical Negligence?
Medical negligence, sometimes called clinical negligence, occurs when a healthcare professional provides care that falls below the expected standard, causing avoidable harm.
Errors can happen at any stage of treatment, from your first GP appointment to specialist hospital care. Unfortunately, negligence cases are on the rise across England and Wales.
Our solicitors specialise in all areas of medical negligence, including but not limited to:
How Do I Prove Medical Negligence?
To bring a successful medical negligence claim, three elements must be proven:
- Duty of care – You were owed a duty of care by your treating clinician (this is usually straightforward to establish).
- Breach of duty – The care fell below the standard expected of a reasonably competent practitioner in that field. The court applies the “Bolam Test” — would a responsible body of medical professionals have acted differently?
- Causation – You must show the breach of duty caused your injury, worsened your condition, or delayed recovery.
Many claims fail not because negligence didn’t occur, but because it cannot be proven that the negligence directly caused harm. For example, a missed fracture that did not change the treatment plan may not result in compensation.
Our solicitors carefully assess each claim at the outset. We only proceed if we believe there is more than a 51% chance of success, ensuring your claim is properly insured and giving you the best chance of a positive outcome.
Speak With an ExpertHow Long Do I Have to Bring a Claim?
In most cases, you have three (3) years to start a medical negligence claim. This runs from either:
- The date of the negligent treatment, or
- The date you became aware that negligence caused your injury (“date of knowledge”).
Special rules apply:
- Children – Claims can be brought up until their 21st birthday.
- Lack of capacity – If the injured person lacks mental capacity, there is no time limit.
- Fatal claims – The three-year limit runs from the date of death.
Because time limits can be complex, it is best to seek early legal advice.
What are the Stages of a Medical Negligence Claim?
Every case is different, but most medical negligence claims follow these key stages:
Stage 1 – Investigation
- We gather medical records and your account of events.
- Independent medical experts review the quality of care and whether it caused your injury.
- If insurers approve funding, we proceed to the next stage.
Stage 2 – Pre-Action Protocol
- We prepare and serve a detailed Letter of Claim to the Defendant.
- They have four months to respond, admitting or denying negligence.
Stage 3 – Court Proceedings (if necessary)
- Proceedings are issued if settlement is not reached.
- Both sides exchange formal legal documents and evidence.
Stage 4 – Evidence and Case Management
- Exchange of witness statements and expert reports.
- Court sets a timetable and trial date if the case continues.
Stage 5 – Trial or Settlement
- Most claims settle before trial.
- If your case goes to court, a judge decides liability and compensation.
Our role is to guide you through every step, minimising stress while fighting for the best possible outcome.
Our blog “How Long Do Clinical Negligence Claims Take and What Can Delay Them?” provides more detailed information about timelines and factors that can affect your claim.
Read the BlogHow Much Compensation Could I Receive?
Compensation is calculated to reflect both your suffering and the financial impact of negligence. It usually covers:
- Pain, suffering and loss of amenity (impact on daily life).
- Loss of earnings (past and future).
- Medical treatment and rehabilitation.
- Care and support needs (professional or family care).
- Adaptations to your home or mobility aids.
Serious injuries such as brain or spinal damage may result in multi-million-pound settlements, while other cases may be valued more modestly but remain life-changing for the individual.
We regularly represent patients and families in successful medical negligence claims. For example, in one recent case we secured £45,000 in compensation for a child who suffered avoidable hearing loss due to ENT negligence. You can read the full case study here, which explains how early legal advice and specialist representation can make a vital difference in proving negligence and recovering damages.
Read The Full Case StudyMedical Negligence in the UK: Key Facts
- In 2022/23, NHS Resolution received 13,500+ new claims.
- The NHS paid out £2.6 billion in compensation and costs.
- Obstetrics claims make up only ~10% of cases but nearly 60% of total compensation due to the lifelong impact of birth injuries.
- The number of claims has risen steadily due to pressures on the NHS, longer waiting lists, and staff shortages.
Learn about Clinical Negligence from our TikTok
Why Choose Phoenix Legal Solicitors?
- No Win, No Fee agreements – you won’t pay anything upfront.
- Specialist expertise – we only take on claims with strong prospects of success.
- Nationwide coverage – representing clients across England and Wales.
- Compassionate approach – we understand how difficult these cases can be.
We offer free initial consultations by phone, video call or in person, and can arrange home visits where needed.
Free Initial ConsultationFAQs
You can bring a claim against the NHS or a private healthcare provider. NHS claims are handled by NHS Resolution, while private providers are insured.
Yes. Whether your loved one has passed away, lacks mental capacity, or is a child, we can help you act on their behalf.
Most claims take between 18 months and 3 years, depending on complexity. Serious cases can take longer but interim payments may be secured to support your recovery.
Compensation depends on the severity of your injury, financial losses, and future care needs. Our solicitors can provide an estimate after reviewing your case.
A Medical Negligence Claim must be brought no later than 3 years from a claimant’s knowledge of the negligence. This will vary case by case as it may take time for degenerating illnesses and injuries to become apparent.
There are also instances where the 3-year limitation is not applicable or can be extended. You may be in a position to bring a claim at any time if the claimant lacks mental capacity and, or if the claimant was, at the time of the negligence, a child under the age of 18.
Normally you have three years to make a claim for medical negligence or personal injury.
In medical negligence claims, this is from either the date of your negligent care or from the point where it was discovered that negligent treatment was responsible for your injuries.
However, there are some exceptions to this rule:
If you suffered negligent care before you turned 18, you can make a claim up until your 21st birthday. Claims for children under 18 must be handled by an adult. These cases are subject to different time limits as growth can impact your child’s injuries which means working out how much compensation you need can take time.
If you need to claim on behalf of someone who doesn’t have mental capacity, the three-year time limit doesn’t apply. This changes if the person who experienced negligence regains mental capacity, where they will then have three years from this date to make a claim.
In fatal cases, the three-year time limit begins on the day your loved one passed away.
Time limits abroad vary widely, so if you suffered from medical negligence in a foreign country it’s important to get in touch with us quickly.
We urge you to contact us as soon as possible so that we can start looking at the evidence and building your case without delay. If you have any concerns about the time limits for claiming compensation, we’ll be able to talk through your options in a free initial consultation.
To give you the best chance of succeeding with your medical negligence claim, we will require as many details about what happened as possible. The sooner you can recall all the details, the better.
As time goes on, we naturally forget key aspects of incidents and experiences. It is therefore extremely important that you provide us with any and all the details of your medical negligence claim as soon as you can.
If we require any supporting evidence from other witnesses, we will contact them on your behalf to make the claim process easier, less stressful and less time-consuming. This needs to be done as soon as possible to ensure they don’t forget any details of the incident.
Why do Phoenix Legal Solicitors offer No-win No-fee?
We offer a No Win No Fee agreement (CFA) to ease any worries you may have about paying legal fees when choosing to make a claim for medical negligence or personal injury.
This means that if your claim is successful, most of the fees are covered by your opponent*. If your case is unsuccessful, you pay nothing.**
* Under the terms of a No Win no Fee agreement we deduct up to 25% of your compensation to cover the success fee.
** Subject to entering into a No Win No Fee agreement and complying with your responsibilities under its terms.
Please note that No-Win No-Fee agreements are only one of the funding options available. There are many more available, so during your initial consultation, we will talk you through the alternative options – including legal expenses, insurance and legal aid (which is available in some instances) and consider whether you’re best supported by a No Win No Fee agreement.
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Medical Negligence: Girl who died from strep A hours after being sent home from hospital
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An out of court settlement of £4,000.00 has been awarded to our client after Southport Hospital failed to diagnose fractures after he fell whilst playing football
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Case Study – Medical Negligence: Perforated Bowel & Lacerated Uterus
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Woman Received £3.2m Compensation After Operation Delay
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Seeking Justice for Your Loved Ones: A Compassionate Approach to Sepsis-Related Negligence Claims
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How Our Solicitors Work to Help You
- Specialist solicitors in medical negligence claims across England and Wales.
- No Win, No Fee funding available.
- Free initial consultation to assess your case.
- National coverage – we can act for you wherever you are in England and Wales.
To find out whether you have grounds for a medical negligence claim, we offer a free initial consultation with one of our expert medical negligence solicitors. Once we have that established, we will be able to proceed with your claim.
If we advise you that you may have a claim, we will offer a no-win, no-fee agreement. No-win no-fee means that you won’t have to pay anything upfront or if your claim is unsuccessful*.
Throughout the claim process, we will ensure you always have the right independent medical experts consulting with you on your claim.
We will also work with specialist barristers who, together with us, will make up your specialist team.
Our team will help you win your medical negligence claim with minimal stress and disruption so that you can focus on getting your life back on track.
We understand it may not be possible to meet face to face with us so we offer free consultations via Skype, Facetime or any other preferred method. We can also arrange a home visit.
* Subject to entering into a No Win No Fee agreement in conjunction with an After the Event insurance policy and complying with your responsibilities under its terms.
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