21/07/2025
It was Injury Awareness Week at the end of June (23–27 June 2005), an annual campaign by the Association of Personal Injury Lawyers (APIL) to highlight the impact of medical carelessness on victims.
At least half a million British people are needlessly injured through clinical negligence every year, according to APIL, with many experiencing catastrophic consequences.
A needless injury at any level has a financial, emotional, and physical effect. It can isolate people socially, suspend careers, and rob people of their independence.
In this blog, our experienced Personal Injury Solicitors answer some frequently asked questions about clinical negligence.
What is clinical negligence?
Clinical negligence (also known as medical negligence) is defined as a breach in a medical or healthcare professional’s duty of care.
Doctors, dentists, nurses and other healthcare professionals do not set out intentionally to cause harm. However, sometimes things can go wrong.
A mistake that happens in a medical setting which results in a patient being injured, or causes their condition to deteriorate, can be clinical negligence.
What are some examples of clinical negligence?
Medical negligence can cover a wide range of injuries, both mental and physical, when a healthcare professional's actions fall below the accepted standard of care, causing harm to a patient.
Some examples of medical negligence include:
- Misdiagnosis. Failing to diagnose a condition or incorrectly diagnosing a condition can mean a patient receives the wrong treatment. A delayed diagnosis can also have a detrimental effect on a patient, which can negatively affect their prognosis.
- Surgical errors. Mistakes made during an operation, such as anaesthesia errors, performing the wrong procedure or failure to prevent infection.
- Injuries relating to pregnancy and childbirth. Negligent care during pregnancy or delivery that results in injuries to mother or baby, such as cerebral palsy, tears and infections.
- Poor aftercare. Prescribing the wrong medication or failure to provide appropriate follow-up care after surgery.
- Dental treatment. Misdiagnosis, nerve damage or extracting the wrong tooth.
- Elderly medicine and care. Negligent care or treatment in a medical setting or in a care home.
How do I make a clinical negligence claim?
Claims for clinical negligence can be complex, and specialist legal advice is vital.
To make a clinical negligence claim, you must prove four elements:
- Duty of care. You must show that the healthcare provider in question owed you a duty of care.
- Breach of duty. You must be able to demonstrate that there was a breach in this duty of care.
- Causation. You need to prove that the breach caused an injury or loss.
- Damages. You need to show the impact of the breach, such as physical injuries, emotional distress and financial loss.
At Russell & Russell, our clinical negligence legal specialists are experienced in dealing with medical negligence cases and will advise you of the prospects of making a claim for compensation.
Our work is carried out on a no-win, no-fee basis so you can rest assured you won’t be required to pay vast sums of money fighting your case.
You can find out more about the process involved in making a personal injury claim by watching our video: How personal injury can affect you and the legal process for claiming compensation.
To speak to a personal injury compensation claim lawyer, call 0800 103 2600 or fill in our online contact form.
What is the average compensation for medical negligence?
If you are successful in your clinical negligence claim, you may be awarded damages. The amount of compensation you receive depends on the severity of your injury and level of financial loss.
Every case is different so to fully evaluate your claim, we need a medical report. This gives us an insight into the extent of your injury and identifies whether you can expect to make a full recovery.
Once we know this, we can assess the value of your case.
Do you have to go to court for a clinical negligence claim?
Most clinical negligence cases are settled out of court.
Is there a time limit on clinical negligence claims?
Most clinical negligence claims need to be made within three years of the alleged negligence taking place or realising that something went wrong.
Clinical Negligence Solicitors North West
Being the victim of medical negligence can have profound consequences on both your physical and mental health.
At Russell & Russell Solicitors, our personal injury specialists in Bolton, Chester, and across the North West understand that navigating a medical negligence claim can be challenging.
Our team of medical negligence lawyers offer specialist assistance gained over many years of representing clients in this complex area of law.
Our compassionate team of clinical negligence solicitors provide advice, support and guidance every step of the way.
If you or someone you know has suffered medical negligence, speak to one of our personal injury solicitors today.
For more information or to speak to a clinical negligence compensation solicitor, please call 0800 103 2600 or fill in our online contact form.
Please note that this article is meant as general guidance and not intended as legal or professional advice. Updates to the law may have changed since this article was published.