Claims Against a Medical Professional | Medical Negligence

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Medical Negligence

Negligence Claims Against a Medical Professional

When you put your health in the hands of a medical professional, you hope to feel listened to, respected and cared for. Most of the time, that trust is well placed. But if you have questions about the care you received, you may decide you would like clear, independent advice.

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You might be wondering whether more could or should have been done. You may still be under the care of the same team, or you may simply want clear, honest answers about what happened.

In legal terms, a clinical negligence claim usually looks at two key questions. Was the care you received in line with an acceptable professional standard, and if it was not, did that make a meaningful difference to your outcome? These are careful, evidence-based questions, not accusations.

At Bolt Burdon Kemp, we understand how personal and sensitive these situations can be. Our role is to look calmly and objectively at the evidence, explain your options in plain English, and support you in deciding what feels right for you. Even having an initial conversation can help bring clarity and reassurance, whatever you decide to do next.

Our medical negligence team is ranked Tier 2 for The Legal 500 2026 and band 3 in Chambers & Partners 2026. We are also members of the AvMA specialist clinical negligence panel and many of our lawyers hold specialist accreditation with APIL. That recognition reflects the care and attention we bring to every case, alongside our commitment to treating each client as a person, not a file.

If you would like to talk through what happened, we offer a confidential initial conversation with no obligation.

Who is a medical professional claim actually against?

Although it can appear that a claim is directed at an individual clinician, the legal position is usually more structured.

If the treatment took place within the NHS, the claim is usually brought against the relevant NHS Trust or healthcare body, not the individual clinician personally. Claims are typically handled by NHS Resolution, which manages negligence claims on behalf of NHS organisations.

If the treatment was provided privately, the claim may be brought against a private hospital, clinic, GP partnership or, in some cases, an individual practitioner who holds their own professional indemnity insurance.

Part of our job is to identify the correct defendant and explain the position clearly, so you are clear from the outset and have support at every stage.

Situations that can lead to claims

Concerns about a medical professional can arise in many different healthcare settings, and it is completely understandable to feel unsettled or unsure about what should have happened. Often, people only realise something may have gone wrong once their symptoms worsen, a diagnosis is delayed, or they are left without clear answers. We regularly advise on cases involving:

  • Delayed or missed diagnosis
  • Misinterpretation of test results or scans
  • Surgical errors or avoidable complications
  • Inappropriate or delayed treatment decisions
  • Medication errors
  • Poor follow up or aftercare

Sometimes the issue relates to a single appointment, where something important was missed. In other cases, it is a series of missed chances over time, with delays or decisions that, taken together, affect the outcome. Every case turns on its own facts, and we take the time to understand your full timeline so you can feel clear about whether there is a potential claim and what the next step could be.

Is a complaint the same as a claim?

Many people come to us after they have made a complaint to a hospital or practice. Others are considering raising concerns with a professional regulator such as the General Medical Council or the Nursing and Midwifery Council.

It is important to understand that a complaint or regulatory process is separate from a civil negligence claim. Complaints and regulators focus on standards of conduct and patient safety. A civil claim focuses on compensation for harm caused by substandard care.

You can pursue both routes if appropriate. We can advise you on how they differ and what to expect from each.

What happens if you speak to us?

The first conversation is simply an opportunity to tell your story. You do not need to have all the paperwork or remember every date.

If it appears that there may be grounds for investigation, we will obtain your medical records and take a detailed witness statement from you. We then seek independent expert opinion from clinicians working in the relevant field. Only once that expert evidence is in place can we properly assess breach of duty and causation.

If the evidence supports a claim, we follow a formal pre action process. Many cases are resolved through negotiation. Some require court proceedings. Very few proceed to a full trial.

Throughout, we will keep you updated and explain each step clearly. We understand that starting a claim is a significant step. Our aim is to make the process as straightforward and manageable as possible.

Funding and time limits

Most medical negligence claims in England and Wales must be started within three years. This usually runs from the date of the negligent treatment, or from the date you first realised that your injury may have been linked to substandard care. Different rules apply where the person affected is a child, or where they lack the mental capacity to manage their own legal affairs.

If you are unsure about the time limit in your situation, we can talk it through with you and explain how the rules apply to your circumstances.

We act on a no win, no fee basis for all of our medical negligence cases. This means that if your claim is not successful, you will not have to pay our legal fees. At the outset, we will explain clearly how the funding works, what is covered, and what protections are in place. Our aim is to remove uncertainty around costs, so you can focus on your health and your family.

Contact us

For more than 35 years, Bolt Burdon Kemp has acted for people who have experienced avoidable harm in healthcare. We understand that contacting a solicitor can feel like a big step, especially when you are still processing what has happened or supporting someone you love. We will listen carefully, take you seriously, and explain your options in a way that feels clear and manageable.

Recognition matters, but so does the way you are treated day to day. You can expect clear advice about the strengths and risks of your case, and realistic about what can be achieved. Where appropriate, we also look at practical steps such as rehabilitation support and interim payments to help ease immediate pressures, while being clear about what can and cannot be guaranteed.

If you would like to talk things through, call us or complete the enquiry form to arrange a confidential initial conversation. We will answer your questions, explain what happens next, and help you decide on the right next step for you.

Claims against a Medical Professional can cover the following

Meet your Medical Negligence Solicitors

Clients select the firm they feel is right for them, but they stay because of the solicitor. Our people pride themselves on being approachable, empathetic and realistic.

We go beyond legal advice. Whether it’s visiting clients at home to ease the burden or being available at any hour for reassurance and support, we’re here when it matters most.

Josh Hughes
Head of Complex Injury
Olivia Boschat
Associate – Part of the Medical Negligence Team
Hannah Travis
Senior Associate – Part of the Medical Negligence Team

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