How to Make a Medical Negligence Claim
Posted on: November 28th, 2025
When you seek medical care, you trust professionals to treat you safely and competently. Most healthcare providers do exactly that, but when standards fall short, the results can be life-changing.
Medical negligence occurs when a medical professional causes harm or injury by failing to meet the accepted standard of care. This could involve a misdiagnosis, incorrect treatment, surgical errors, or any other avoidable mistake that leads to suffering. If you or a loved one have been affected, you may be entitled to make a medical negligence claim.
Below, we outline the key steps and what to expect when working with Atha & Co.
Step 1: Recognising when negligence may have occurred
The first step is understanding whether what happened to you qualifies as medical negligence. It isn’t simply about a bad outcome, it’s about proving your care fell below reasonable professional standards and that this directly caused you harm.
Common examples include:
Misdiagnosis or delayed diagnosis: When a condition is missed or incorrectly identified, causing it to worsen or delaying vital treatment.
Incorrect treatment: When the wrong medication, procedure, or approach is used, resulting in unnecessary pain or complications.
Surgical errors: Avoidable mistakes such as operating on the wrong area, leaving instruments inside the body, or failing to prevent infection.
Failure to warn about risks: When you aren’t fully informed about side effects or alternative options, meaning you couldn’t give proper consent.
If you’ve experienced any of these and it caused you further injury or worsened your condition, it’s worth seeking legal advice.
Step 2: Gathering the right evidence
Strong evidence is key to proving both negligence and its impact. This helps show how your care fell short and the extent of your injury or loss.
Useful evidence includes:
Medical records and appointment notes.
Correspondence with doctors, hospitals, or clinics.
Photos or documentation of your symptoms or injuries.
Witness statements from family or colleagues.
Financial records showing loss of income or treatment costs.
At Atha & Co, our solicitors can help identify and collect the most relevant evidence, including obtaining your medical records on your behalf.
Step 3: Expert medical opinions
Independent medical experts play a vital role in every medical negligence claim. They review your case to determine:
Whether your treatment was below acceptable professional standards.
Whether that failure directly caused your injury or worsened your condition.
This expert insight is essential, as the law requires clear proof that your harm resulted from negligent care, not just an unfortunate complication. Atha & Co work with trusted medical specialists who provide independent, reliable reports to support your case.
Step 4: Calculating compensation
If your claim succeeds, your compensation (known as “damages”) will reflect both the physical and emotional consequences of the negligence.
This may include:
Pain, suffering, and loss of enjoyment of life.
Loss of earnings, past and future.
Medical and rehabilitation costs.
Home adaptations or mobility aids.
Psychological trauma caused by the incident.
Every case is unique, but the goal is always to help you rebuild your life and access the care you need.
Step 5: Making the claim
Once evidence and medical opinions are ready, your solicitor will contact the healthcare provider or organisation responsible through a Letter of Claim, outlining what went wrong and the harm caused.
The defendant can either admit or deny liability. If accepted, your solicitor negotiates a fair settlement; if denied, your case may go to court, though most are resolved beforehand.
Atha & Co handle all communication and negotiations for you, keeping you updated and supported throughout.
Step 6: Time limits
Most medical negligence claims must be made within three years of the negligent treatment or the date you first realised it caused your injury. Exceptions apply to children and those lacking mental capacity.
If you think you might have a claim, it’s best to seek advice as soon as possible. Early action helps build a stronger case.
How Atha & Co Can Help
At Atha & Co, we’ve been supporting people across Teesside for over 50 years. We know how distressing it can be to experience harm at the hands of a medical professional.
Our experienced solicitors will listen, explain your options clearly, and guide you through every stage of your medical negligence claim. We work on a no win, no fee basis, meaning there’s no financial risk. You won’t pay anything up front, and if your claim is unsuccessful, you won’t owe us a penny.
Whether you’ve suffered from misdiagnosis, incorrect treatment, surgical errors, or another form of negligent care, our goal is to secure the compensation and closure you deserve.
Choose the one you know.
📲 Call Atha & Co today on 01642 222575
🔗 Visit www.atha.co.uk/contact