Did you know the NHS pays out billions yearly in clinical negligence compensation? Latest figures show the NHS paid around £3.1 billion in 2024–25 for clinical negligence claims, reflecting both the cost of harm and the volume of cases where patients sought redress.
Pursuing a medical negligence claim in Blackburn requires a clear grasp of how negligence claims work legally, from gathering medical evidence to establishing a breach of duty and causation. Understanding your rights can make all the difference between a successful claim and a lost opportunity.
If you’ve suffered due to poor medical care, Cooper Hall Solicitors offer trusted legal support. Get in touch for your free consultation.
What Is a Medical Negligence Claim?
Under UK law, a medical negligence claim arises when medical providers fail in their duty of care by not exercising reasonable skill, reasonable judgment, and reasonable care while examining, diagnosing, treating, or advising patients.
NHS Resolution reported 14,428 new clinical negligence claims in 2024–25 across England. Not every poor result amounts to medical negligence or medical malpractice; the law looks for a proven breach of duty that caused injury to a patient.
In Blackburn, cases involving GP errors, Royal Blackburn Hospital delays, dental negligence, misdiagnosis, or surgical errors often centre on whether proper patient care was delivered and whether identifiable harm was caused, which establishes liability, making a provider liable.
Where evidence supports a compensation claim, medical negligence compensation claims seek fair compensation. A medical negligence lawyer and other experienced lawyers assess legal options, potential entitled compensation, and any necessary family support.
Unsure how to claim against the NHS? We guide our clients step-by-step through the NHS medical negligence claims process.
Do I Have a Valid Medical Negligence Claim in Blackburn?
Many people in Blackburn ask this question after medical treatment leaves them with unexpected consequences. Understanding whether you have a valid claim starts with looking carefully at what happened and why. In 2023/24, failure or delay in diagnosis accounted for approximately 31% of settled clinical negligence claims.
Duty of Care
To determine whether you have a valid claim, the starting point is whether a medical practitioner who treated the patient owed a recognised standard of care under UK law. Once treatment begins, that duty is automatic. The real issue is whether the professional provided care that fell below acceptable standards during diagnosis or treatment, turning a manageable complication into avoidable harm.
Breach of Duty
A medical negligence case arises where there is negligent treatment that fails to meet professional expectations. To prove negligence, you must show the clinician did not act as a competent peer would. The court will assess whether you can establish liability and clearly demonstrate responsibility for the damage sustained.
Causation
It is not enough to show a mistake occurred; you must prove causation between the breach and the resulting injury. Without clear causation, there is no liability, regardless of dissatisfaction with care.
Evidence Required to Prove Negligence
The NHS paid £2.8 billion in damages and claimant legal costs in 2023/24, highlighting the financial consequences of proven negligence. The burden on the claimant is to satisfy the required criteria and satisfy conditions within the medical negligence claim process.
Most medical negligence claims must be filed with the court within the legal statutory time limit of three years from the date of the incident, the 3-year time limit, or a later date, such as the date of knowledge when the injury becomes apparent, or the condition manifests, subject to exceptions.
Before you proceed with your claim, it is wise to seek counsel from a specialist clinical negligence solicitor or specialist medical negligence solicitor offering a free initial assessment, whether face-to-face or by phone consultation.
They provide impartial legal advice, expert legal advice, impartial information, and support throughout the wider claims process, and may suggest guidance from Charity Action Against Medical Accidents.
Who Can You Make a Claim Against in Blackburn?
A medical negligence claim in Blackburn is not always directed at one individual alone; it is often pursued against a wider legal entity responsible for the failure in care. Where a breach of medical duty of care occurs within hospital trusts, including the National Health Service and local NHS facilities such as East Lancashire Hospitals NHS Trust, the claim is typically brought against the organisation itself. These bodies carry overarching care responsibility for the actions of their staff while administering treatment.
Claims may also arise within the private health sector, including private medical practices, clinics, and care homes. In my experience, liability can extend to doctors, nurses, dentists, cosmetic surgeons, and mental health care professionals, depending on who failed in their professional obligations.
How Long Do You Have to Start a Medical Negligence Claim?
Time limits are one of the most misunderstood aspects of clinical negligence claims. Acting promptly can make the difference between preserving your rights and losing the opportunity to bring a case. The Limitation Act 1980 sets a primary limitation period of 3 years for personal injury claims in England and Wales.
The 3-Year Limitation Rule
Most clinical negligence claims in England are governed by the Limitation Act 1980. An adult pursuing a medical negligence compensation claim usually has 3 years from the date the negligent treatment was provided or the date of knowledge, when you became aware of your injury.
This often applies in cases such as a cancer diagnosis following a delayed diagnosis. The clock affects filing your claim with the courts, although much of the groundwork involves initiating the process with a solicitor, gathering medical reports, and consulting suitable medical experts.
This preparatory work before filing can take weeks or months, so acting within a sufficient time is crucial. There are recognised exceptions to the 3-year time limit under the broader UK Statute of Limitations framework.
Claims Involving Children
Children under the age of 18 are legally prohibited from making a claim themselves. Instead, a parent, guardian, or litigation friend can bring a compensation claim on their behalf.
The limitation period does not begin until the child’s 18th birthday, meaning even if the incident happened more than three years prior, they may still make a claim themselves within three years from the date of their 18th birthday and file their claim with the court.
Mental Capacity Cases
Where mental illnesses fall within the Mental Health Act 1983, and the claimant lacks cognitive ability due to a diagnosed mental condition or compromised mental capacity, the paused limitation period may apply. The clock may not run unless the person regains capacity and can pursue a compensation claim.
- In cases where medical negligence causes brain damage, a brain-damaged patient suffering further injury during treatment may face no limit on making a claim unless they regain sufficient cognitive ability.
- A claim made on their behalf can proceed through a Litigation Friend.
Fatal Medical Negligence Claims
If a patient passed away as a consequence of negligence, the statutory limitation period allows the family three years from the date of death to act. Even if the limitation expired, where an ongoing claim exists, relatives may continue the claim through the deceased’s estate, provided they have the correct standing, often confirmed by a Grant of Probate and appointment as Executor of the Will.
We assess claims involving time limits.
Step-by-Step Medical Negligence Claims Process in Blackburn
Bringing a claim can feel daunting, but understanding the medical negligence claim process makes it manageable. In my experience, clients gain confidence once they see there are two routes, clear timelines, and structured steps guiding them from first contact to resolution.
Around 70% of clinical negligence claims are resolved without a full court trial, typically through settlement.
Starting the Process
- Start a claim via email or telephone
- Share initial details and any additional information
- We carry out research and ask expert informal questions
- If suitable, we accept the case and issue sign-up documents
You’ll provide insurance details and complete forms of authority so we can access medical documents and begin investigating the case. We request medical records from the hospital, including medical notes, GP notes, and a full background picture of health from the NHS or private hospitals. We review your story of events, the incident of negligence, and confirm the details of the events carefully.
Building the Evidence
- Obtain medical evidence for obviously negligent events (e.g., the surgeon left an object inside during surgery)
- Consider any hospital investigation, errors concluded, or Root Cause Analysis
- Instruct an independent expert to review medical records
The expert opinion addresses breach of duty and causation. Expect a waiting list of two to four months, sometimes involving separate experts and detailed expert reports, often eight months in total.
Formal Claim & Compensation
We draft a Letter of Claim setting out allegations, injuries sustained, and illnesses, sending it to the defendant, who has fourteen days to acknowledge and four months to investigate before a liability decision. We calculate financial losses, including travel expenses, loss of earnings, and prescription costs, in a Schedule of Loss to help recover money.
Where needed, we arrange a second medical report covering prognosis, future care, aids or equipment, and further medical treatment. A further medical examination may involve a twelve-week wait time, with eight to twelve weeks of report preparation.
How Is Compensation Calculated?
Compensation begins with a careful review of the claimant’s losses arising from the incident and any negligent acts. From experience, the strength of a case often depends on clear financial losses demonstrated, backed by receipts and bank statements to substantiate claims.
We assess physical injury, psychological effects, and all directly attributable losses, using alternative methods where evidence is limited.
A precise financial loss assessment reviews past income, lost income, and future income, often based on monthly average earnings and six months’ payslips, with careful inflation adjustment before confirming the final monetary value.
General Damages (Pain and Suffering)
- Covers injuries and long-term impact
- Benchmarked against similar settled cases
- Estimated through solicitor calculation and advice from a specialist barrister
- Forms part of the probable award
Special Damages (Financial Losses)
- Includes historic financial losses, medical expenses, travel costs, and loss of earnings
- Supported by documented claim figures
- Accounts for legal costs and interest
Future Losses and Care Costs
- Projects future financial losses
- Reflects ongoing care, rehabilitation, and income impact
- Ensures realistic valuation of long-term needs
Claiming on Behalf of Someone Else
In practice, families often ask how compensation works where the injured person cannot act for themselves. When you claim on behalf of a child, the child as claimant remains central, even if they are just 8 weeks old, perhaps following a brain injury at birth.
Birth injury and obstetrics claims account for around 41% of the total value of clinical negligence liabilities, despite being a smaller proportion of claim numbers.
Early advice helps explore eligible funding, including support from the Legal Aid Agency or specific Legal Aid Agency funding, provided there is a reasonable prospect of success.
Children
- A parent brings the case, but a financial assessment is not required for the child
- The focus stays on the child’s needs, not the parents’ finances
Litigation Friends
- Court-appointed adult acts in the child’s best interests
- Ensures proper funding assessment
Brain Injury Cases
- Severe cases often qualify for alternative ways to fund the claim
Fatal Claims
- Representatives pursue justice sensitively on behalf of the estate
How Are Medical Negligence Claims Funded?
Understanding medical negligence claims funding early helps manage compensation claim cost concerns and avoid unexpected potential financial risks.
In my experience, clear funding process guidance from a regulated professional ensures compliance with SRA regulation, overseen by the Solicitors Regulation Authority, the governing body for the legal profession, safeguarding consumer protection, legal services compliance, professional conduct rules, and proper standards of care.
A legal advisor explains funding arrangement details, financial obligations, and the claims process structure in a detailed Client Care letter, providing sound legal advice.
Legal Expenses Insurance
- Check the car insurance policy or the home insurance policy for legal expenses cover
- May fund a clinical negligence claim up to a legal cost limit
- Often requires using the insurer’s solicitor panel or clinical negligence specialist referral
Private Funding
- Pay via own funds, covering lawyer’s fees, administration expenses, and trial costs
- A seldom-used funding method, risky if facing court financial risks
- Beware fraudulent cases, non-compliance with the agreement, or deferred costs risk
Legal Aid (When Available)
- Legal Aid remains a public funding exception
- Covers neurological injuries, children’s claims, negligence during pregnancy, childbirth negligence, and harm within eight weeks following birth
Many choose a Conditional Fee Agreement (CFA) after a preliminary meeting and valid case assessment, offering minimal financial risk.
With an unsuccessful claim, no legal fees are payable; in a successful claim, legal costs are charged to the opponent, plus a success fee, a mutually agreed percentage, subject to a maximum 25% cap on damages and success fee deduction from damages awarded.
What Happens If the Case Goes to Court?
When a hospital trust or doctor denies fault, a claim dispute can trigger formal legal action and court proceedings. I always explain that while this is a lengthy process, sometimes lasting two years, it becomes necessary legal action to achieve a proper legal resolution through structured court intervention and careful case evaluation.
Disclosure and Evidence Exchange
- Detailed solicitor review and legal assessment of the facts of the case
- Progression of the litigation process once a solicitor issues proceedings
Witness Statements
- Prepared to support the claim before the court
Settlement Negotiations
- If parties admit liability, discussions focus on value negotiation
- Aim for mutual agreement on the settlement amount
Trial and Judgment
- If no settlement is secured before the hearing, the judge decides.
Costs and Case Management
- Court supervises timelines, ensuring structured progress
Can I Make a Complaint Before Claiming?
In many cases, raising a concern about the quality of medical care or the medical care received can bring clarity before legal steps.
If there were no tangible adverse effects, physically, mentally, or financially, writing a letter to the doctor or hospital trust responsible for care may lead to an apology, clear explanation, and even welcome closure after the incident, helping improve care standards, accountability, and prevent recurrence for future patients.
- If an injury, complication, or financial loss occurred, you may be entitled to pursue financial compensation.
- Before claim consideration, always consult an experienced medical negligence lawyer for proper legal advice.
A complaint reviews the patient experience; a claim addresses loss and remedy.
Why Choose Cooper Hall Solicitors for Your Medical Negligence Claim?
When pursuing medical negligence claims in Blackburn, you need more than representation; you need medical negligence lawyers with proven legal expertise and a genuine commitment to patient care.
At Cooper Hall, clients are placed in safe hands, supported by experienced medical negligence solicitors and a dedicated medical negligence specialist who understands how a delayed diagnosis claim or delay in diagnosis can affect treatment outcomes and compensation.
- Free consultation via online contact form, phone, email, or SMS
- Efficient New Claim Enquiry and thorough enquiry processing
- Recognised by the Law Society for practice management and client service
- Trusted Personal Injury Solicitors delivering expert claim support and tailored claim assistance, helping secure awarded compensation, including cases where earlier care meant less intrusive treatment
Start your claim with our expert team today.
Conclusion
Medical errors can have lasting physical, emotional, and financial consequences. A well-prepared medical negligence claim allows you to seek rightful compensation while holding healthcare providers accountable.
From gathering records to proving breach and causation, the medical negligence claim process requires precision and expert handling. Acting promptly within the UK 3-year time limit protects your position.
Skilled medical negligence solicitors provide strategic advice, evidence-based arguments, and practical claim support. With professional guidance, even complex cases such as a delay in diagnosis can be handled effectively and fairly.
