Clinical negligence

Clinical negligence occurs when the care or treatment someone received from a health service was below the standard that is expected and this caused physical or psychological injury.

The information on this page is taken from our Clinical negligence factsheet (160 kb) [pdf]

Examples of negligence might be being given the wrong diagnosis, being discharged too early from hospital which resulted in harm, not getting the right treatment or poor medication prescribing which caused a bad reaction.

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You can make a clinical negligence claim about both NHS and private treatment.

How do I know if I have a clinical negligence claim?

If you think that you might have a clinical negligence claim you should contact someone who is specialised in this field for advice. You can find details of a clinical negligence solicitor by visiting the Community Legal Advice website www.communitylegaladvice.org.uk or if you contact the Rethink Advice & Information Service we would be happy to look for you.

What is the difference between clinical negligence and making a complaint?

When you make a clinical negligence claim you are asking for money to compensate you for harm or injury you experienced. A clinical negligence claim cannot result in an apology for what happened, cannot change practice or result in a healthcare professional being disciplined. If you are hoping for an outcome other than financial compensation it might be better for you to make a formal complaint.

You may be able to get legal funding to cover the costs of a claim.

Rethink Advice and Information Service

Rethink factsheets from the Advice & Information Service.

The information on this page is taken from the Rethink Advice and Information Service factsheet, which you can download in pdf format and print for individual use.

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RAIS provide information and advice on a wide range of issues affecting people with mental illness, friends, family, carers and professionals. They may be able to forward people interested in clinical negligence to a solicitor with suitable experience.

Further Information

Citizens Advice  provides impartial advice and information on a whole range of issues. They should be able to put you in touch with a solicitor with experience of clinical negligence cases.