Common Misconceptions About Clinical Negligence Claims
Making the decision to pursue a clinical negligence claim can feel overwhelming, especially when myths and misconceptions cloud your understanding of the process.
In this blog, we’ll address some of the most common misconceptions about clinical / medical negligence claims and provide you with clarity to help you make informed decisions.
Myth 1: “You Can Claim for Any Medical Error“
This is one of the biggest misconceptions about clinical negligence claims. Not every adverse medical outcome is due to negligence. For a claim to be successful, it must meet two key legal requirements:
- Breach of Duty of Care: The healthcare provider’s actions (or lack thereof) must have fallen below the standard expected of a competent professional in their field.
- Causation: The breach must have directly caused harm or worsened your condition.
Without evidence of both, a claim cannot proceed. Unfortunate outcomes that occur despite competent care do not constitute negligence.
Myth 2: “It’s Just About the Money”
While compensation is a vital part of a clinical negligence claim, the process is not solely about financial gain. Many claimants seek justice for the harm they have suffered, accountability from healthcare providers, and improvements in medical practices to prevent future mistakes.
Compensation is designed to help claimants rebuild their lives by covering:
- Medical expenses.
- Loss of income.
- Costs for ongoing care or home adaptations.
- Pain, suffering, and loss of quality of life.
Ultimately, the goal is to provide financial and emotional relief to individuals who have been wronged.
Myth 3: “It’s Too Expensive to Pursue a Claim”
Another common myth is that clinical negligence claims are prohibitively expensive. However, most solicitors offer a no win, no fee agreement, meaning you won’t need to pay legal fees unless your claim is successful. This arrangement ensures that individuals have access to justice regardless of their financial situation.
Additionally, if your claim is successful, the majority of legal costs are recovered from the opposing party.
Myth 4: “It Will Take Years to Resolve”
While some clinical negligence cases can take time to resolve—particularly complex claims requiring extensive expert evidence—many cases are settled much faster. The timeframe depends on factors such as:
- The severity of the harm suffered.
- The availability of evidence and expert reports.
- Whether the opposing party accepts liability.
At Phoenix Solicitors, we work hard to resolve claims as efficiently as possible while ensuring you receive the compensation you deserve.
Myth 5: “You Have to Prove the Negligence Yourself”
Many people hesitate to bring a claim because they believe they’ll need to handle the entire process on their own. This couldn’t be further from the truth. When you work with experienced solicitors, they handle:
- Obtaining your medical records.
- Arranging expert opinions to prove negligence and causation.
- Drafting witness statements and gathering supporting evidence.
Your role is to provide a clear account of events and any documentation you already have, such as receipts or a personal timeline. The rest is managed by your legal team.
Myth 6: “Bringing a Claim Will Damage the NHS”
Some people worry that pursuing a claim against the NHS will harm the healthcare system or take money away from essential services. However, clinical negligence claims are an important accountability mechanism that drives improvements in patient safety.
Additionally, compensation is typically paid from insurance funds or government-set reserves, not directly from day-to-day healthcare budgets.
Myth 7: “It’s Too Late to Make a Claim”
People often assume they’ve missed their chance to bring a claim because a significant amount of time has passed. However, in England and Wales:
- You generally have three (3) years from the date of the incident or when you became aware of the negligence.
- For children, the time limit starts on their 18th birthday.
- For individuals lacking mental capacity, the time limit may be paused indefinitely.
If you’re unsure about your eligibility, it’s always worth seeking legal advice. Your solicitor can help determine whether you’re still within the time frame.
Our Clinical Negligence Solicitors are here to guide you
Don’t let misconceptions deter you from seeking the justice and compensation you deserve. Clinical negligence claims can feel complex, but with the right legal support, you can navigate the process with confidence and clarity.
At Phoenix Solicitors, we’re here to guide you every step of the way. Contact us at ab@phoenixlegalsolicitors.co.uk or call 0151 306 3694 to discuss your claim today.
ab@phoenixlegalsolicitors.co.uk 0151 306 3694You can read more about Clinical / Medical Negligence Claims on our service page.
Medical Negligence Claims