What is Clinical Negligence in the UK?
Clinical negligence occurs when healthcare professionals provide substandard care, causing harm, injury, or worsening existing conditions.
- Doctors failing to follow proper medical procedures.
- Nurses administer incorrect medications or dosages.
- Hospitals not providing adequate monitoring or care.
- Surgeons making preventable mistakes during operations.
- Misdiagnosis leading to delayed or inappropriate treatment.
Such cases can result in lifelong health issues or emotional distress for patients.
How Medical Negligence Can Affect You?
Every case of medical negligence is different, but some types of claims occur more frequently due to the complexity or sensitivity of certain procedures and diagnoses. At Axis Solicitors, our team has successfully represented clients across a wide range of negligence scenarios.
The effects of such negligence can be both physically and emotionally devastating. Whether you have experienced a misdiagnosis, surgical error, delayed treatment, or any other form of substandard care, Axis Solicitors is here to help you understand your rights and seek appropriate compensation. Consult our experienced solicitors to protect your rights following medical negligence.
Which Cases are Included in Clinical Negligence?
Clinical negligence occurs when a healthcare provider — such as a doctor, nurse, or hospital — delivers treatment that falls below the standard expected of a reasonably competent professional, resulting in harm or injury to the patient. Medical negligence can occur in a variety of ways and at any stage of your treatment journey, from initial consultation to aftercare.
Common examples include:
Misdiagnosis or delayed diagnosis
Surgical errors (e.g. operating on the wrong site)
Incorrect medication or dosage
Failure to obtain informed consent
Negligent maternity care or birth injuries
Inadequate postoperative care
At Axis Solicitors, we take a comprehensive approach to identifying liability and proving causation, giving our clients the strongest possible foundation for their claim.
What Is a Medical Negligence Claim?
A medical negligence claim is a legal action taken by a patient against a medical professional or institution, alleging that the care they received caused avoidable harm.
- These claims typically seek financial compensation for:
- Physical pain and suffering
- Loss of income
- Costs of ongoing treatment and rehabilitation
- Adaptations to housing or transport
- Psychological trauma and loss of amenity
To succeed in such a claim, you must prove:
- That the care provided fell below an acceptable standard
- That this failure directly caused your injury or worsened condition
This is usually assessed through expert evidence from independent clinicians.
Fatal Medical Negligence and Wrongful Death
In tragic cases where negligent treatment results in the loss of life, we help families:
- Seek justice for the deceased
- Recover compensation for funeral costs, lost income, and dependency
- Navigate inquests and coroner proceedings
We approach these cases with utmost sensitivity and discretion.
Clinical Negligence in Cauda Equina Syndrome
This is a medical emergency that requires urgent intervention. A delayed diagnosis can cause:
- Permanent paralysis
- Incontinence
- Severe, irreversible nerve damage
We are experienced in pursuing complex Cauda Equina claims with high-value outcomes for life-altering injury.
How Much Compensation Can You Claim for Medical Negligence?
The amount of compensation awarded in a medical negligence claim depends on the severity of the injury, the impact on your life, and any financial losses you have suffered as a result. At Axis Solicitors, we understand that no amount of money can undo the harm caused — but compensation can help you move forward by funding treatment, care, and rehabilitation.
Each case is assessed individually, taking into account both general damages and special damages.
General Damages: Pain, Suffering and Loss of Amenity
These are awarded to compensate you for:
- Physical pain caused by the injury
- Psychological distress (e.g. anxiety, PTSD)
- Loss of quality of life, including inability to participate in hobbies or care for family
The Judicial College Guidelines provide benchmark amounts for different types of injuries — but each case is valued on its own facts.
Special Damages: Financial Losses and Future Needs
This includes actual and anticipated expenses resulting from the negligence, such as:
- Loss of earnings (past and future)
- Private medical treatment
- Rehabilitation and physiotherapy
- Care and assistance costs
- Mobility aids and specialist equipment
- Home adaptations or relocation
- Travel expenses for appointments and care
In more serious cases, we may seek to include the cost of:
- Long-term residential care
- Professional nursing support
- Retraining for new employment if you can no longer continue in your previous role
Psychological Impact and Loss of Independence
We also assess the broader, long-term impact of your injury, including:
- Mental health struggles and social isolation
- Changes in your role within your family or household
- Reduced capacity for parenting or caregiving
- The emotional toll of altered appearance or identity
These elements can be incorporated into both general and special damages, especially in cases involving chronic or disabling outcomes.
Examples of Compensation Ranges
While every claim is unique, here are a few indicative figures:
| No | Injury Type | Approximate Award |
|---|---|---|
| 01 | Minor surgical error (recovery in months) | £3,000 – £10,000 |
| 02 | Misdiagnosis with moderate impact | £15,000 – £50,000 |
| 03 | Serious birth injury (cerebral palsy) | £250,000 – £3 million+ |
| 04 | Cauda Equina with paralysis | £350,000 – £1 million+ |
We work with independent financial advisors and medical experts to ensure that every aspect of your loss is fully calculated.
Interim Payments
In long-running or high-value cases, Axis Solicitors can apply for interim compensation — a partial payment made before the final settlement — to help fund urgent medical care, housing changes, or financial support during recovery.
Role of the Right Solicitor in Negligence Claims
Selecting the right solicitor can significantly impact the outcome of your medical negligence claim. This area of law is highly specialised and often involves complex medical evidence, expert reports, and detailed legal arguments. Working with a team that understands both the legal and clinical aspects is essential.
At Axis Solicitors, we pride ourselves on providing expert, compassionate legal support to those affected by negligent medical care. Here’s what you should look for when choosing your legal representation — and how we meet those standards.
Group Claims for Medical Negligence
In situations where multiple patients suffer similar injuries — for example, due to contaminated products, faulty devices, or systemic failures — we manage group litigation effectively. This allows affected individuals to claim collectively while still pursuing compensation suited to their individual circumstances.
Axis Solicitors is committed to helping individuals and families affected by clinical errors understand their rights and seek fair redress through the legal system.
How to Make a Clinical Negligence Claim?
Making a claim starts with a free and confidential initial assessment with one of our medical negligence specialists. We will:
- Assess the circumstances of your case
- Help obtain and review your medical records
- Instruct independent medical experts
- Provide clear and practical advice throughout the process
If your claim has merit, we will build a robust case on your behalf, aiming to secure fair compensation and ensure accountability from the responsible healthcare provider.
Types of Clinical Negligence Cases
1. Misdiagnosis and Delayed Diagnosis
- Delayed or incorrect diagnosis of cancer, meningitis, or sepsis.
- Timely diagnosis could have prevented serious illness or death.
- Legal support to claim compensation for harm caused.
2. Birth and Pregnancy Injuries
- Cerebral palsy from oxygen deprivation during delivery.
- Failure to monitor fetal distress or complications.
- Support for lifelong care funding for children and family.
3. Surgical Negligence
- Errors during operations, including wrong-site surgery or retained instruments.
- Infections caused by poor hygiene or procedural mistakes.
- Assistance with claims for long-term complications or permanent disability.
4. Medication and Prescription Errors
- Incorrect prescriptions, dosages, or pharmacy dispensing mistakes.
- Ignored allergic reactions or dangerous drug interactions.
- Legal action to hold healthcare providers accountable.
5. Orthopaedic Negligence
- Misdiagnosed fractures or incorrect joint replacements.
- Negligent post-surgical rehabilitation causing pain or immobility.
- Claims support for loss of movement and independence.
How to Choose the Right Medical Negligence Solicitor?
1. Specialist Experience in Clinical Negligence Law
- Extensive experience with NHS and private healthcare claims.
- Expertise in high-value, complex long-term, and fatal cases.
- Access to qualified medical experts across multiple specialties.
2. Proven Track Record
- Secured favourable outcomes in misdiagnosis and catastrophic injury claims.
- Skilled at both pre-litigation negotiations and trial proceedings.
- Deep understanding of evidence requirements for winning cases.
3. Personalised Legal Service
- Direct access to your solicitor with regular updates.
- Clear advice on legal options and case strength.
- Compassionate support through every step of the claim.
4. Transparent & Fixed Fee
- Funding’s & agreements for qualifying cases.
- Transparent guidance on fees and insurance coverage.
- Free assessments to check the viability of your claim.
5. Reviews and Client Feedback
- Consistently positive reviews from former clients.
- Reputation for professionalism, sensitivity, and results.
- Growing client base through trusted referrals and word-of-mouth.
