Medical Negligence Compensation Calculator UK 2025 — What Is Your Claim Worth?
Medical negligence (clinical negligence) occurs when a healthcare professional fails to provide the standard of care expected of a competent practitioner, and that failure causes you harm. Claims can be brought against NHS trusts, private hospitals, GPs, dentists, and other healthcare providers. Compensation can range from a few thousand pounds to several million for life-changing injuries.
These are broad indicative ranges only. Medical negligence compensation is highly fact-specific and requires independent medical expert evidence. Most clinical negligence solicitors offer free initial consultations and take cases on No Win No Fee (CFA) arrangements. Do not delay — the 3-year time limit is strictly applied.
The Two-Stage Legal Test for Medical Negligence
Stage 1: Breach of Duty (the Bolam/Bolitho Test)
The standard of care required is that of a reasonably competent practitioner in the relevant specialty — not a perfect practitioner. A doctor is not negligent simply because they made a mistake that another doctor would not have made, if a reasonable body of medical opinion would have done the same. However, since the Bolitho case, expert opinion that led to harm must also be logically defensible — courts can reject expert opinion that cannot withstand logical analysis.
Stage 2: Causation
Even if breach is established, you must prove that the breach caused (or materially contributed to) your harm. This is often the hardest part of medical negligence cases. "But for" test: would the harm have occurred but for the negligence? In complex causation cases (e.g. where the claimant had a pre-existing condition), the "material contribution" test may apply.
The NHSLA (NHS Resolution) Process
Most NHS clinical negligence claims are handled by NHS Resolution (formerly the NHSLA). Before issuing court proceedings, you must follow the Pre-Action Protocol for Clinical Disputes — which includes: obtaining medical records; notifying NHS Resolution of the claim; allowing time for investigation and response; trying to agree on expert evidence. This pre-action process often takes 12–24 months before proceedings are issued, though many cases settle during this period.
Funding Your Claim
The vast majority of clinical negligence claims are funded on a Conditional Fee Agreement (CFA) — No Win No Fee. You pay nothing if you lose. If you win, the solicitor takes a "success fee" (capped at 25% of your compensation for general damages and past losses — not future losses). Some claims also qualify for Before the Event (BTE) insurance through your home contents policy.
Legal aid is available for clinical negligence claims only in very limited circumstances — mainly for children's birth injury cases where the child suffered cerebral palsy or similar severe brain damage.
Frequently Asked Questions
Making a complaint through the NHS's internal complaints process (PALS, then formal complaint) can be useful for getting an explanation of what went wrong, but it does not affect your legal claim and does not stop the 3-year limitation clock running. Some claimants find the complaints process helpful for understanding what happened; others find it frustrating and prefer to go directly to legal action. Your solicitor can advise on the best approach for your circumstances.
Clinical negligence cases are among the most complex and time-consuming personal injury claims. Simple, clear-cut cases might settle in 18 months to 2 years. Complex cases, particularly those involving brain injury or catastrophic harm, can take 4–6 years and sometimes longer. Cases involving children often do not conclude until the child is an adult. The complexity comes from the need for multiple independent medical expert reports.
Yes. Claims can be brought under the Fatal Accidents Act 1976 for dependency losses (what the deceased would have contributed financially to dependants) and the Law Reform (Miscellaneous Provisions) Act 1934 for losses suffered by the deceased's estate. A bereavement award (fixed statutory sum, currently £15,120) is available to a spouse/civil partner or the parents of an unmarried minor. Instructing a specialist clinical negligence solicitor immediately is essential as the 3-year limitation clock runs from the date of death or date of knowledge.