Medical Negligence Claims

What Is Medical Negligence?

Medical negligence (also known as clinical negligence) occurs when a healthcare professional provides care or treatment that falls below the standard reasonably expected of their profession, and this causes you harm or loss. Not all poor outcomes mean negligence — legal claims only arise where there was a duty of care, a breach of that duty, and harm caused by the breach. 

At Aston Knight Solicitors, our specialist medical negligence team represents individuals across England & Wales who have suffered harm due to substandard treatment, misdiagnosis, delayed diagnosis, surgical error, and other clinical failings.

Areas of Medical Negligence We Cover

We handle a wide range of medical negligence claims, including but not limited to:

• Accident and emergency claims
• Amputation claims
• Anaesthetic error
• Brain injury claims
• Cancer claims
• Cerebral palsy claims
• Cosmetic injury claims
• Dental claims
• Delayed diagnosis claims
• Fatal claims
• Inquests
• Misdiagnosis claims
• Nerve injury claims
• Orthopaedic injury claims
• Prescription errors
• Sepsis claims
• Spinal injury claims
• Strep B claims
• Surgical error claims

Our team can guide you through even the most complex cases and work with medical experts to build strong evidence in support of your claim.

Is There a Time Limit for Making a Medical Negligence Claim?

Yes under UK law, you generally have three years to start court proceedings for a medical negligence claim. This three-year period can run from:

• The date of the negligent treatment, or
• The date you knew or ought reasonably to have known that the treatment caused you harm.

There are exceptions:

• Children: The time limit usually does not begin until their 18th birthday. 
• People lacking mental capacity: The time limit may be extended.
• Fatal cases: Different rules may apply for fatality claims, and inquests may form part of the timeline.

If you’re unsure about time limits in your case, it’s crucial to seek specialist legal advice early.

How Do I Make a Medical Negligence Claim?

1. Free Initial Review

We start with a confidential assessment of your medical records and circumstances to understand what happened.

2. Investigation & Expert Evidence

We obtain your medical records and instruct relevant expert witnesses to assess whether negligence occurred.

3. Letter of Claim

We prepare a detailed Letter of Claim to the defendant (such as an NHS trust or private provider).

4. Negotiations or Court Proceedings

If the defendant admits liability and a settlement can be agreed, we negotiate. If not, we can issue legal proceedings and take your case to court if necessary.

Throughout the process we keep you informed and supported at every step.

How Long Do Medical Negligence Claims Take?

Every case is different. Some factors affecting the timeline include:

• How quickly can we obtain your medical records
• The need for expert medical reports
• Whether liability is admitted
• The complexity and severity of your injuries

Straightforward claims may conclude in less than a year, but many medical negligence claims take 1–3 years or more to resolve. More complex cases (such as brain injury or birth injury claims) often take longer.

How Do I Know If I Have a Medical Negligence Claim?

You may have a claim if:

• You suffered harm after receiving medical care
• The standard of care fell below what a reasonably competent professional could have provided
• The harm you experienced was caused by that substandard care

Common examples include misdiagnosis, delayed treatment, surgical errors, prescription mistakes, and failure to advise on risks. However, only a specialist solicitor can assess whether your circumstances amount to negligence in law.

Why Choose Aston Knight Solicitors?

At Aston Knight:

• We are specialist medical negligence solicitors with experience helping clients secure compensation even where other firms have declined. 
• We offer clear advice, compassion, and regular updates throughout your claim.
• We work No-Win, No-Fee in many cases.

Contact us today for a free, no-obligation and confidential discussion about your case.