Yes. The basic principle for a claim brought in England and Wales is that court proceedings must be commenced within 3 years of either the date of an allegedly negligent treatment or the Claimant’s (the patient’s) date of knowledge. To have knowledge the Claimant must be aware they have suffered a significant injury, know who was responsible for it and that it was caused in whole or part by negligence. In cases involving death, the general rule is that the 3 years runs from the date of death. In cases involving children, the 3 years does not start to run until they reach the age of 18. For people with brain injury or certain mental illness who are judged incompetent, the 3 year rule is disapplied.

No. For compensation to be paid the Claimant has to prove each aspect of their case. The Claimant has the burden of proving their treatment was negligent, the negligent treatment caused harm, the extent of that harm and ultimately, the financial value of that harm.

Ultimately, it would be a Judge relying on expert evidence from medical professionals if the case was one of the small percentage of clinical negligence claims that go to trial. The test for clinical negligence was laid down by the court over 50 years ago. Fundamentally, it is the opinion of other healthcare professionals within the relevant speciality, not the opinion of the patient, their family or friends, that determines whether a Claimant’s treatment can be described as negligent or not.

The options are limited. Some trade unions will provide financial support to their members, legal expenses cover under existing insurance policies may be available, legal aid is an option for those who satisfy certain criteria, if a case is strong a ‘no win no fee’ agreement with or without supportive insurance would be a possibility and finally a Claimant may use their own money as they would to purchase other goods or services.

Each case is different. It depends on many factors including the complexity of the case, the disease processes under consideration, the availability of records, the extent of necessary expert evidence, the attitude of the Defendant, and Court timetables.

Yes. For NHS treatment a complaint process exists (see the relevant section of this web site). Organisations providing treatment outside the NHS may have their own complaints process. Many healthcare professionals have professional regulatory bodies such as the General Medical Council and General Dental Council to whom concerns about individual practitioners can be directed. In other circumstances, contacting your local Member of Parliament or press may be an alternative to seeking legal advice.