5 Common Misconceptions about Medical Negligence Claims in the UK

Misconceptions about medical negligence cases are, fortunately or unfortunately, more common than medical negligence cases themselves. Here are five common misconceptions about medical negligence claims in the UK. We’ll also give you the truth behind these myths and explain why some of these myths exist.

You Have to Appeal Several Times
When staff make a mistake, whether by omission or commission, it is easy to attribute it to malice instead of incompetence or common human error. Some people think you have to reject the offer a couple of times just to get the one they deserve, because they think the healthcare facility will look after their own interests and try to short change them.

In reality, you will probably get a reasonable offer the first time. There may be times you need to reject the appeal and seek a higher amount, such as when the latest medical tests show the issue is more severe than the diagnosis the compensation is based on, the impact on your life and associated costs are greater than originally thought or the person involved has died.

You’ll End Up in Court
Many people think that a medical malpractice case will end up in court. Some are even afraid to file medical negligence cases because they don’t want to be cross-examined in court. In reality, fewer than 2% of medical negligence cases end up in court. According to The Medical Negligence Experts, “the majority are resolved long before the case researches trial” because of something called “out of court settlement”.

When that does happen, your attorney is handling most of the issues. And many of these court cases are not a rehashing of the entire case but a court determining how to bridge the gap between what the patient or their advocate is seeking versus what is being offered. It is a hashing out of the compensation requested or severity of the diagnosis. Talk to a medical negligence UK expert about your case, knowing that it is almost certain not to land in court and that your solicitor will be there to handle the case if it does.

You Should Wait a While Longer
One common misconception is that you should just wait a little while longer before filing a medical negligence claim or seeking legal advice. Some people think you have to wait for the NHS complaint process to finish before you can file a medical negligence case; this isn’t true, though there are rare times where the medical negligence case is placed on hold until the NHS complaint is investigated.

Others think you have to wait for the full severity of the problem to be revealed or the total expenses related to the event paid. This is a mistake, since you have a limited time frame in which you can file a medical negligence claim. If you’re still having surgeries or doing physical therapy over several years, your statute of limitations may pass.

Talk to a medical negligence expert as soon as you have reason to believe you have a medical negligence case. Medical negligence solicitors can total up the expenses to date and estimate the costs for care, support, pain and suffering for the rest of someone’s life.

The few cases where the statute of limitations is almost irrelevant is when the patient has passed or the disability is due to medical negligence at birth. If your child, whether still a minor or adult now, has been found to suffer from a disability due to medical negligence at birth, consult with medical negligence experts who have extensive experience in these types of cases.

My Claim Is Too Small
Medical negligence claims can range from several hundred pounds to the costs for a lifetime of care for a disabled child. Don’t assume your claim is too small, especially if the issue is ongoing. Consult with a medical negligence claims UK firm for an expert opinion on your particular situation. The best medical negligence solicitors will give you the same level of effort whether the claim is big or small, so don’t be afraid to pursue even if you think your claim is small.

It Is Wrong to Sue the NHS
A few think that it is morally wrong to sue the NHS when they’ve suffered because of an NHS staffer’s negligence. This belief is wrong, and it makes things worse for both the victim and future patients. You have a right to seek compensation for your pain or injury. You also have the right to get compensated for lost earnings and the cost of dealing with its aftermath. It isn’t fair for you to literally pay for the mistakes of others.

Another reason to file suit is to make light of the mistakes others are making. Medical negligence lawyers cannot force the NHS to discipline staff, fire the incompetent or change its procedures. However, if the facility has to pay for the negligence of its employees, this may drive them to take those actions if only to avoid paying out yet again.

All these misconceptions could not only rob you from your due compensation, but affect you for years to come. If you’ve been a victim of negligence, don’t hesitate to contact a reputed solicitor today to see if you’re entitled to compensation.


  1. Ive seen this from both sides - legitimate claims by all means - ots the ones who 'claim ' unfairly that really annoy me