About medical claims

Clinical or medical negligence occurs when a doctor or nurse fails in some way in their duty of care for a patient. Generally the quality of care received from UK doctors and nurses is very good, but from time to time incidents do arise.

When a physician or another medical staff member does not treat a patient with the proper amount of quality of care, resulting in serious injury or death, they have committed medical negligence.

If you, a friend, relative or loved one have been injured by medical treatment you are entitled to an explanation, and the treating doctor is required to inform you if something has gone wrong with your medical treatment.

You are entitled to the same duty of care from both the private and public sector. Whether your case of clinical negligence occurs during NHS or private treatment, you may still be able to claim if you treatment is deemed to be inappropriate or substandard.

What is the difference between 'medical negligence' and 'clinical negligence'?

There is no difference. When injury or death is caused or contributed to by a failure in the duty of care during clinical, medical dental or nursing treatment, you are deemed to be a victim of "clinical negligence" or "medical negligence". In such a situation, you may be entitled to financial compensation, by making a medical claim.

What is a medical claim?

A medical claim is the process of applying for compensation after poor or substandard medical treatment.

Essentially a medical claim is a particular type of personal injury claim, and can include brain damage and psychological injury. This can occur in all areas of medical practice. Michelmores Solicitors have undertaken medical claims in areas including Children's Treatment, Clinical errors, Consent, GP Treatment, Inquests and Inquiries, Misdiagnosis, Private Treatment, Surgical Mistakes accident and emergency, anaesthetics, cancer treatment, cardiothoracic surgery, cardiology, gastroenterology, general practice, keyhole surgery, mental health, neurosurgery, obstetrics and gynaecology, oncology, ophthalmology, orthopaedics, paediatrics, plastic surgery, psychiatry, radiology, sterilisation, urology, vascular surgery and many more.

You can find links to pages with more information on this site.

If you were treated as a private patient and paid the doctor, either yourself or through your medical insurer, you may also be able to claim for breach of contract if your medical treatment was substandard.

See also:

• Making a medical claim
• Funding a medical claim