Skip to content 
If you’ve suffered harm that should have been avoidable in a medical setting because a doctor provided substandard care or treatment, you might find yourself asking, ‘Can I sue a doctor?’. As long as certain conditions are met, you may very well have a valid medical negligence claim.
Key Takeaways
- It doesn’t matter if your doctor is at a private practice or employed by the NHS; they must provide you with the care expected of a competent doctor.
- Your doctor may have misinterpreted test results, failed to refer you to a specialist or misdiagnosed you.
- You can sue a medical practice, hospital or clinic if a GP, consultant, specialist, locum or junior doctor provided you with substandard care that caused unnecessary harm.
- In addition to physical harm caused by substandard treatment, your doctor may have caused emotional distress and financial losses, such as lost earnings due to requiring more intensive treatment.
- If substandard care and treatment caused your condition to worsen, you can also make a compensation claim.
We trust doctors to provide competent care to an expected standard. When they don’t, not only can we suffer unnecessary harm, but we can also lose faith in the very services meant to help us. If you would like to discuss what happened to you and find out if you have a strong medical negligence claim, speak to one of our advisors. As part of your free, initial consultation, they will assess your claim, and if it is eligible, you could be connected to one of the specialist medical negligence solicitors from our panel. Our panel provide their legal representation on a No Win No Fee basis.
Jump To A Section
- Can I Sue A Doctor For Medical Negligence?
- What Are Some Examples Of Doctor Negligence?
- What Injuries Could Doctor Medical Negligence Lead To?
- How Much Compensation Can I Sue My Doctor For?
- What Will I Need To Prove That My Doctor Was Negligent?
- Is There A Time Limit When Suing A Doctor For Compensation?
- Can I Sue A Doctor With A No Win No Fee Solicitor?
- Learn More
Can I Sue A Doctor For Medical Negligence?
Yes, you can sue a doctor for medical negligence if you have suffered unnecessary harm due to their negligent care and treatment. Medical negligence occurs when:
- A doctor owes you a duty of care to provide treatment that meets the expected minimum standards (all medical professionals owe you this duty of care the moment they agree to treat you).
- They breach this duty by failing to provide care and treatment to this standard.
- You experience avoidable, unnecessary harm because of this failure to meet the standards expected of a competent medical professional.
It should be noted that not all harm in a medical setting is avoidable or unnecessary. For example, if you have an unknown allergy, you may be prescribed medication containing the ingredient. But as this allergy was unknown to either you or your doctor, you may not be eligible for compensation.
However, if you have a known allergy and are still prescribed medication containing the ingredient, despite it being stated within your medical records, you could sue for the harm you suffered from this.
Am I Able To Sue A Doctor Through The NHS?
Yes, you can sue a doctor through the NHS if you suffered unnecessary harm due to receiving negligent treatment. You don’t need to worry about your payout (should your claim prove successful) affecting the treatment the trust provides. This is because there is an arm-length body of the Department of Health and Social Care, called NHS Resolution, that awards compensation. Your claim would be made against the NHS Trust the doctor works for, and not the doctor themself.
Can I Sue A Doctor On Behalf Of A Loved One?
Yes, you can sue a doctor on behalf of a loved one if they are unable to manage their own claim. This includes children under the age of 18 and adults who don’t have the mental capacity to handle the claims process.
In these cases, you can apply to the courts to be appointed as your loved one’s litigation friend. As a litigation friend, you will be expected to make decisions in the best interest of your loved one, inform them of what is going on with their case and advise their solicitor on their wishes and feelings.
Speak to an advisor to further discuss whether you can sue a doctor. They will help assess your medical negligence claim eligibility.
What Are Some Examples Of Doctor Negligence?
Some examples of doctor negligence include misdiagnosis, failure to refer to a specialist, and medication errors. Negligence can occur when you first seek treatment or at any stage of receiving it, including:
- Medical misdiagnosis. Your doctor may fail to consider all your symptoms or your medical history, leading to a misdiagnosis. As a result, you may receive treatment for a condition you don’t have (with or without side effects) while your initial condition remains untreated and worsens.
- Delayed diagnosis. Your doctor fails to identify a medical condition within a reasonable timeframe, leading to it worsening. For example, by failing to carry out appropriate tests or by misinterpreting results.
- Failure to refer. Your GP could be found negligent if they fail to recognise that you need further tests and treatment from a specialist.
- Medication and prescription errors. This can range from prescribing the wrong medication or dosage, medications containing known allergens to you, poor monitoring or the wrong route.
These are only a few of the ways doctor negligence can occur. To discuss the incident that happened to you and your question, ‘Can I sue a doctor?’, speak to one of our advisors now.
What Injuries Could Doctor Medical Negligence Lead To?
Doctor medical negligence can cause various injuries, harm and complications, including a worsening of a condition, missed conditions leading to more intensive treatments and allergic reactions causing hives or digestive tract damage. Here are a few examples of doctor negligence:
- Missed fractures can cause a worsening of the injury, some of which could have been manually manipulated into place when they first occurred, but now may require surgery, pins or screws and an extended hospital stay.
- A delayed cancer diagnosis could need more extensive treatment. For example, longer, more brutal chemotherapy can cause hair loss, dental damage, and fertility issues, whereas these side effects may have been minimal or non-existent had the cancer been detected when you first reported symptoms.
- Failure to recognise a condition such as sepsis could result in amputations.
- Prescribing the wrong medication or the wrong dose can cause brain damage.
- Prescribing medication that you have a known allergy to can damage your digestive system or cause problems with your skin, such as hives.
These are only a few examples of how doctor negligence can occur. If you want to know if you can sue a doctor in your specific circumstances, please speak with an advisor now.
How Much Compensation Can I Sue My Doctor For?
How much compensation you can sue your doctor for will depend on the nature and severity of the complications you suffered (general damages) and whether these caused any financial losses (special damages).
We’ve provided a table that shows you how harm may be valued in a successful medical negligence claim. The figures have been taken from the Judicial College Guidelines (JCG). Legal professionals and others involved in the claims process may use this same document to value various injuries and illnesses. It contains guideline compensation amounts for various types of harm. Please note that we’ve only included it as a guideline, and the first figure was not taken from the JCG.
| Harm | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple, severe types of harm and related expenses | Very severe | There's multiple medical complications and associated costs, such as lost wages, rehabilitative care and domestic help. | Up to £1 million + |
| Brain damage | Very severe | Little, if any, meaningful environmental response, including cases of 'locked in' syndrome or quadriplegic cerebral palsy with severe cognitive and physical disabilities. | £344,150 to £493,000 |
| Leg (Amputations) | One leg - below the knee | Factors affecting the award include phantom pains, problems with the stump, age, prosthetics success, psychological problems and chance of developing osteoarthritis. | £119,570 to £162,290 |
| Female Reproductive System | Infertility - no aggravating features | A young person without children suffers infertility, but there's no sexual dysfunction or other aggravating features. | £68,440 to £87,070 |
| Male Reproductive System | Sterility - no aggravating features | A young person without children suffers an uncomplicated case of sterility, but without impotence or other aggravating features. | £68,430 to £87,080 |
| Digestive System - non-traumatic illness/damage | Severe | Severe toxicosis resulting in acute pain, vomiting, diarrhoea and fever, causing incontinence, haemorrhoids and irritable bowel syndrome. | £46,900 to £64,070 |
| Ankle | Severe | Extensive treatment period, lengthy time in plaster or pins and plates inserted causing significant residual disability severely limiting the ability to walk. | £38,210 to £61,090 |
| Dermatitis and other skin conditions | Both hands affected | Cracking and soreness affecting employment and domestic ability and psychological consequences lasting years. | £16,770 to £23,430 |
| Skeletal injuries | Damage to Teeth (i) | Serious damage or the loss of several front teeth. | £10,660 to £13,930 |
Can I Sue My Doctor For Special Damages?
Yes, you can sue your doctor for special damages. This part of a medical negligence settlement reimburses you for any financial losses caused by the harm you suffered. Examples include:
- Loss of earnings
- Rehabilitation
- Prescriptions
- Nursing or professional carer support
- Gratuitous care from family and friends
- Domestic help, such as hiring a cleaner or childminder
However, in order to claim these or any other costs back, you will need evidence supporting how much you spent or lost. This can include payslips, bank statements and receipts.
One of our advisors can estimate how much compensation you could be awarded for a doctor negligence claim.
What Will I Need To Prove That My Doctor Was Negligent?
You will need to collect a body of compelling evidence to prove that your doctor was negligent. Items that can substantiate your claim may include your medical records alongside copies of test results, hospital letters or even a copy of a written complaint (if you made one).
For more information, please read our dedicated guide on how to prove medical negligence. Alternatively, you can phone an advisor and ask, ‘Can I sue a doctor and what evidence do I need?’.
Is There A Time Limit When Suing A Doctor For Compensation?
Yes, there is a time limit of 3 years when suing a doctor for compensation. These 3 years can run from the date of the incident or the date of knowledge (the date you realised, or would have been expected to realise) that medical negligence occurred. Our dedicated time limit guide can explain more and provide further information about claiming on behalf of a loved one while the limitation period is suspended.
Please address any further questions relating to ‘Can I sue a doctor’ to an advisor.
Can I Sue A Doctor With A No Win No Fee Solicitor?
Yes, you can sue a doctor with the support of a No Win No Fee solicitor, like the ones on our panel. An experienced medical negligence solicitor can help eligible claimants in various ways throughout the claims process, including:
- Helping you with any documents and forms that need to be filed.
- Connecting you to any specialists, such as a physical therapist, whom you wouldn’t normally have access to.
- Advising on the best evidence to prove that your doctor was negligent.
- Calculating an accurate compensation figure that considers your full prognosis as well as any expenses that arise from this.
- Arranging for an expert medical opinion at a time and location that is convenient for you.
Our panel provide these services and more on a No Win No Fee basis, through a Conditional Fee Agreement. This means that:
- Your solicitor will not charge a fee for their services when they agree to take on your case.
- They also won’t take any ongoing solicitors’ fees.
- Furthermore, if your claim is not successful, they will not request that you pay any solicitors’ fees.
However, if your claim is successful, your solicitor will take a percentage of the compensation you receive as their success fee. The Conditional Fee Agreements Order 2013 places a limit on the percentage.
Contact Legal Helpline’s Advisors
Legal Helpline’s advisors are available around the clock to help answer your questions, such as ‘Can I sue a doctor?’. If you have any queries or would like to find out whether you are eligible to pursue a claim with the support of a solicitor from our panel, please get in touch.
- Call 0333 000 0729
- Fill out our contact us form.
- Ask about medical negligence claims in our live chat.
Learn More
Here are a few more Legal Helpline guides:
- Learn about surgical negligence claims.
- Guidance on making a GP negligence claim.
- Advice on claiming for death by medical negligence.
The following external resources might be of use to you:
- Information on raising a concern with the General Medical Council about a doctor’s behaviour, health or performance.
- Guidance on making a complaint about the NHS.
- Help from the Patient Advice and Liaison Service (PALS) from the NHS.
We hope we’ve answered your question, ‘Can I sue a doctor?’. To find out more, please get in touch.