Clinical Negligence Solicitors

We are often at our most vulnerable when undergoing medical treatment, and medical professionals are there to help us back onto the road to recovery. In some instances, however, negligence on the part of a healthcare professional may result in things not going to plan, causing injury to the patient involved.

If you have suffered an injury as a result of medical negligence, you may be entitled to pursue financial compensation. The team at Smith Partnership offer many years' worth of practical experience guiding medical negligence claims towards success, helping you secure the compensation you deserve. Contact us today to see what we can do for you.

What is clinical negligence?

Clinical negligence, or medical negligence, is a type of claim that can be brought by a patient when they think that something has gone wrong with their treatment and they have suffered avoidable harm as a result.

Whenever we are in any sort of doctor/patient relationship then we are owed a duty of care and the medical professional has to act appropriately in order to keep their patients safe.

Sometimes something goes wrong and there is a breach of the duty of care.  That will typically involve the medical professional either making a mistake and doing something wrong, or failing to do something when they ought to have done.  Either of these things can constitute a breach of duty.

The final part of a successful claim is showing that the patient has suffered a worse outcome as a result of the negligent care.  This can include any element of avoidable pain that has been caused by the incident.

The combination of these 3 things forms a successful clinical negligence claim.

What are the different types of clinical negligence?

Common examples of the types of claims that we deal with are:

  • Delayed diagnosis or treatment, where a better outcome would have been achieved if treatment had been started sooner;
  • Mis-diagnosis;
  • Mis-prescription, where errors in prescribing medicine occur;
  • Claims involving Dental treatment;
  • GP negligence; 
  • Care Home negligence;
  • Errors in care leading to avoidable death

How to make a clinical negligence claim

A successful clinical negligence claim will ensure you are fairly compensation for the avoidable impact of the negligent treatment you have experienced.

Claims of this kind are subject to a 3 year time limit that starts either from the date that the negligent treatment happened, or, from the date that you first suspected there could have been an error with your care.

Different time limits apply to cases involving children or people who lack the mental capacity to pursue compensation on their own.  We can advise you on the specific requirements that apply to your case.

The first step in making a clinical negligence claim is by contacting us to discuss how we can help you.

What is the clinical negligence claims process?

Medical negligence comes in many different forms. No two cases are ever exactly the same.  For this reason we offer a truly bespoke service that is tailored to each individual client to ensure their claim is pursued with maximum efficiency to increase the chances of success.

As the Claimant, the onus is on us to prove our allegations of negligence and win the claim.  Therefore, in broad terms the claims process involves the following:

  • Initial contact with one of our clinical negligence experts who will go through the history of the incident and learn more about what has gone wrong with your care.
  • We will then carry out a thorough investigation into the care that you have received, which will typically start by obtaining all of the relevant medical records.
  • Supportive evidence from independent medical experts who will set out what should have happened and compare that with what actually happened.  They will also offer an opinion about how the negligent treatment has made things worse for you.
  • Once we have all the necessary supporting evidence, then we will be able to draft a formal Letter of Claim to the Defendant to notify them of the claim against them and set out how we allege they have breached their duty of care to you, and how you have suffered as a result.
  • The Defendant’s insurers will then investigate our allegations of negligence and at the end of that process they will confirm whether or not they admit liability.
  • If liability and causation are admitted we will enter into settlement negotiations with them to ensure you received fair compensation.
  • If liability and causation are denied we will examine their reasons for doing so and advise you whether prospects of success remain positive enough for us to pursue the claim.
  • If amicable resolution of your claim is not possible then Issuing Court Proceedings will facilitate the claims process and enable us to pursue your claim to what we hope will be a successful conclusion.

How do I prove I have been the victim of clinical negligence?

We will obtain your medical records, which are the most contemporaneous note of what took place, along with independent medical expert opinion.  Both of these will show what has gone wrong with your care and how you have been affected as a result.

No win No fee Clinical Negligence Solicitors

Once we have spoken to you and learnt more about the circumstances surrounding your potential claim, we will carry out a risk assessment.  If your claim enjoys good prospects of success then we will offer you a “No win – No fee” agreement.

Do you only deal with claims against the NHS?

No, we can also pursue claims against individual practitioners, such as GPs or Dentists, and we can also deal with claims against privately owned healthcare providers such as private hospitals or care homes.

Is there a time limit for clinical negligence claims?

Yes.  You typically have 3 years to make a claim from the date that the negligent treatment happened, or, from the date that you first suspected there could have been an error with your care.  This 3 year deadline is also known as the Limitation period.  If you have not Issued Court Proceedings by the 3rd anniversary of the incident, or the time when you first suspected there had been a problem with your treatment, then you will be statute barred from taking the claim any further forward.

Different time limits apply to cases involving children or people who lack the mental capacity to pursue compensation on their own.  We can advise you on the specific requirements that apply to your case.

How much compensation will I get for a clinical negligence claim?

The amount of compensation awarded in medical negligence cases depends on may different factors, such as the severity of your injury and how much of what you have gone through could have been avoided.  Minor symptoms are likely to be worth a few thousand pounds, whereas life changing injuries will likely attract far higher awards.  

The team at Smith Partnership offers significant experience dealing with medical negligence cases of all kinds – no matter the cause or extent of the injury.  Our proactive approach means we will keep you informed throughout every stage of the process, which includes advising you on the amount of compensation you may expect to receive. This also  includes assessing whether you are likely to incur any future costs as a result of your negligent care, and putting provisions in place to ensure you are appropriately compensation to ensure those future costs are met.

How long do clinical negligence claims take?

The length of time it will take to conclude your medical negligence claim will entirely depend on your individual circumstances and the variables surrounding your claim.

If liability is admitted at an early stage, then the claim will be concluded relatively swiftly.  However, if the defendant denies liability and we have to Issue Court Proceedings, this will inevitably make the claim last longer.

Whilst every effort is made to work efficiently at all times, the most important thing is getting the right result for you.

Recognised Legal Expertise

Enlisting the right legal support from law firms dealing with clinical negligence can play a crucial role in determining the success of clinical negligence claims.  We understand that you want an approachable and authoritative Solicitor who will advise you in a straight forward, jargon-free way.  

Our clinical negligence specialists have been recognised in the Legal 500 – an independent guide to excellence within the legal sector. 

A sensitive and personalised approach

Medical malpractice can have far-reaching consequences for your physical, emotional and financial wellbeing. With this in mind, our team goes beyond proving legal expertise alone. We take a sensitive and personalised approach to your case taking the time to understand your unique needs and objectives. We will talk to you in a jargon-free way as we guide you through the claims process and make sure your relationship with us is stress-free.

Our team can arrange a consultation at a time and place that suits you, either in person or virtually.  We have offices at Derby, Leicester, Burton upon Trent, Swadlincote and Stoke on Trent.

Martin Bradbury and Anna McLeod lead the clinical negligence practice.

Extremely easy to work with and communication with expert and client is excellent. Extremely thorough. Highly recommend them to all.

Unique is a strong word, but the Smith Partnership ranks high among the firms of solicitors. Their instructions are always clear and to the point. Unlike some other firms that I have had dealings with, they are easily accessible by telephone and they acknowledge correspondence by return.

Martin Bradbury provides precise instructions and invariably grasps the main points of the case. I have found him to be outstanding among medicolegal solicitors.

The Legal 500, 2023

Contact our Medical Negligence Solicitors Today

To find out how our expert team of medical negligence solicitors can help you, contact us today on 0330 123 1229, send us an email via or complete our contact form.


Yes, we will always offer you a free initial interview and free initial advice, even if we then conclude that we are unable to take your case on a ‘no win no fee’ basis. It will never cost you anything to seek initial advice from us and you have nothing to lose in doing so.

This is a government funded scheme designed to compensate the innocent victims of any violent crime for their injuries. If you have been the victim of an assault or of any incident which has caused you physical or psychological harm as a result of a crime you must report it to the police as soon as possible and then cooperate with any police investigation. You should then seek legal advice as soon as possible as there is a strict two-year time limit to submit an application to the relevant government department, which is known as the Criminal Injury Compensation Authority.

The first thing to do is to make sure that you have taken a note of the other driver’s full details, including their name and address, their registration number and their insurance details if possible. You should then notify your own insurers that you have been involved in an accident and you should contact your solicitor to seek legal advice at an early stage. As your insurer will advise, on no account should you admit liability for the accident at the scene, even if you think that it may have been your fault - you could be mistaken.

You should try to ensure that any accident or injury has been recorded by your employer in an accident book. You should then contact your solicitor as soon as possible to seek legal advice and you should write out a straightforward account of what happened while the events are still fresh in your mind. You may have a claim for this  so long as under the law your accident has been caused or even partially caused by the negligence of your employer or by your employer’s breach of health & safety legislation. We can assess this at an early stage.

No, your compensation is tax free, although you can only recover loss of earnings net of income tax and national insurance.

This varies considerably depending on several factors, including how cooperative the defendant and their insurers are, and whether they are prepared to admit liability for your claim at an early stage, but also depending on your recovery period and length of time that it takes to obtain the full medical evidence to support your case. On average, and depending on these factors, most cases take anything between six months and three years to conclude, although complex cases can take longer than this if they proceed all the way to a court hearing.

A success fee is the element of legal costs that we are entitled to charge if we win the case, to compensation us for having taken a risk that we would not be paid if we had been unsuccessful. It is the success fee that you are asked to contribute out of your compensation as we are no longer able to recover that element of legal fees from the defendant, even if we win the case, because of legal changes made by the government in 2013. The Success fee is capped at 25% but may be less depending on the risks associated with your claim and/or the amount of work we do to finalise it.