Frequently Asked Questions


General - What can making a claim achieve?

Court proceedings are always extremely costly, stressful and time consuming and this is particularly true of clinical negligence claims. Therefore, it is important to understand what we can and cannot achieve. We are lawyers and our function can only be to try to obtain financial compensation for the injury that has been have suffered. This…


General - What happens at our first meeting?

If we believe that we may be able to assist you in pursuing a claim, we will need to meet you. An appointment will therefore be made for you to meet with one of our nurse advisers who are fully qualified nurses. If you are disabled or have child care responsibilities so that you are…


General - How will you pursue a claim for me?

Every clinical negligence claim is of course different. Therefore, the individual circumstances of your claim may require some of the following steps to be carried out differently, or not at all. Nonetheless, these are the steps that need to be taken in order to pursue most clinical negligence claims. Before filing your claim with the…


General - How will my claim be investigated?

As soon as the arrangements for funding your claim have been finalised and you have agreed to our terms and conditions of business, your claim will be allocated to one of our team of specialist lawyers who will then arrange to meet with you. At that meeting the lawyer will begin the task of preparing…


General - Glossary of medical terms

  Abdomen The cavity of the body which extends from the diaphragm at the base of the thorax to the floor of the pelvis. Abducent nerve The 6th cranial nerve which serves muscles of the eye. Abduction Moving a limb outwards from the trunk. Abductor A muscle which tends to pull a limb away from…


General - What alternatives do I have instead of making a claim?

There may be options other than litigation that you will wish to consider and this will be particularly true if you have been fortunate enough not to have suffered permanent or serious injury. In these circumstances, you may feel that it is more important for you to obtain an explanation of what went wrong and/or…


General - What is a Conditional Fee Agreement?

A Conditional Fee Agreement (or CFA) is often called a “no win no fee agreement”. This is an arrangement where we take on the risk of legal costs. This means that we only get paid if we win the case and you pay nothing if we lose. Under a conditional fee agreement, solicitors agree to…


General - Is making a claim the same as making a complaint?

No. A medical negligence claim seeks compensation for the injury. The NHS complaints procedure is used for complaints about treatment by GPs, NHS dentists or NHS hospitals. It is also used for treatment given in a private hospital but paid for by the NHS. For concerns about private treatment, you will need to complain to the hospital, clinic or practice in the first instance.


General - Who can I make a claim against?

A medical negligence claim can be made against a hospital, private clinic or any  medical professional. This includes GPs, hospital doctors, nurses, midwives, dentists, physiotherapists, osteopaths, psychologists, psychiatrists and opticians. If the alleged negligence was by someone working in an NHS hospital, the claim is made against the relevant NHS Hospital Trust.


General - Is there a time limit for making a medical negligence claim?

Yes. A medical negligence claim must be made within three years of the injury being realised. There are a few exceptions to this. Children have until their 21st birthday, and there is no time limit for anyone who is mentally incapacitated. If someone dies within the initial three-year period, the qualifying time starts again from the date…

Gadsby Wicks