Best Medical Malpractice Lawyers in Aberdeen

About Medical Malpractice Law in Aberdeen, United Kingdom

In Scotland, including Aberdeen, medical malpractice is usually called clinical negligence. It arises when a healthcare professional or organisation such as NHS Grampian provides care that falls below the standard reasonably expected, and that shortfall causes injury, illness, or loss. Typical scenarios include misdiagnosis, delayed diagnosis, surgical or anaesthetic errors, birth injuries, medication mistakes, failures in consent or communication, poor follow-up, and negligent mental health care. Claims may be brought against NHS providers such as Aberdeen Royal Infirmary or against private hospitals and clinicians.

To succeed, you generally need to prove four things. First, a duty of care existed, which is almost always present in the clinician-patient relationship. Second, the duty was breached because the care fell below the standard of a reasonably competent professional. Third, the breach caused the harm complained of, meaning the outcome would probably have been avoided or materially improved with proper care. Fourth, losses resulted, such as pain and suffering, lost earnings, care needs, or other expenses.

Scottish law has its own tests and procedures. The leading Scottish case on professional negligence is Hunter v Hanley, and the modern law on patient consent follows the Supreme Court decision in Montgomery v Lanarkshire Health Board, which started in Scotland. Time limits, courts, funding, and the pre-action process also follow Scottish rules, which differ in important ways from those in England and Wales. Because of this, it is important to use a solicitor experienced in Scottish clinical negligence if the treatment occurred in Aberdeen or elsewhere in Scotland.

Why You May Need a Lawyer

Clinical negligence cases are complex. A solicitor helps you obtain and analyse medical records, identify what went wrong, and prove both breach of duty and causation using independent medical experts. They know how to frame a Letter of Claim, manage strict time limits, and negotiate with the Central Legal Office, which handles litigation for Scottish health boards including NHS Grampian, or with insurers for private providers.

A lawyer will assess the full value of your claim, including pain and suffering, past and future earnings, treatment and care, equipment, housing adaptations, and services claims for help provided by family members. They can arrange rehabilitation and, where liability is admitted, seek interim payments. They also advise on funding options such as legal aid or no win no fee agreements and on the impact of benefits and tax. For children, estates, and adults who lack capacity, a solicitor manages additional procedural protections and any court approvals that may be required.

If a loved one has died, a solicitor can advise on claims for relatives under Scottish law and coordinate with any investigative processes. They can also help you use the NHS complaints system to obtain answers while preserving your right to claim. If settlement is not possible, they will raise proceedings in the appropriate Scottish court and present your case using specialist counsel and experts.

Local Laws Overview

Standard of care is assessed under the Scottish Hunter v Hanley test. You generally must show there is an established and normal practice, that the clinician did not follow that practice, and that no ordinarily competent professional acting with ordinary care would have done so in the circumstances. For informed consent, Montgomery v Lanarkshire Health Board requires clinicians to take reasonable care to ensure patients are aware of material risks and reasonable alternatives from the perspective of a reasonable person in the patient’s position.

Time limits are strict. In most Scottish clinical negligence cases you have three years to raise court proceedings. The three years usually run from the date of the incident or from the date you first reasonably became aware that you suffered a significant injury and that it may have been caused by negligent care. For children, time usually starts running on their 16th birthday. For those who lack legal capacity, time limits can be paused. For fatal cases, the three-year period usually runs from the date of death or from the date of knowledge. Courts have a limited discretion to allow late claims in the interests of justice, but you should never rely on this. Always seek advice as early as possible.

There is a pre-action process in Scotland specifically for clinical negligence that encourages early exchange of information and expert views to explore resolution before litigation. While aspects of it are voluntary, Scottish courts expect parties to act reasonably and proportionately and to try to resolve cases pre-litigation where possible.

Most claims against NHS providers in Aberdeen will involve NHS Grampian, with claims handled by the Central Legal Office. Complaints can be made through the NHS Scotland complaints process. The Scottish Public Services Ombudsman can review unresolved complaints after the health board has given a final response. Scotland also has a statutory organisational Duty of Candour requiring health boards to notify, explain, and learn from certain significant adverse events, and an apology is encouraged. Under the Apologies Scotland Act 2016, an apology is generally not treated as an admission of liability in civil proceedings.

Proceedings may be raised in Aberdeen Sheriff Court, in the All Scotland Sheriff Personal Injury Court in Edinburgh, or in the Court of Session depending on the nature and value of the claim. The Courts Reform Scotland framework sets jurisdictional rules, including a higher threshold for the Court of Session. Your solicitor will advise on venue and strategy. Expert medical evidence is almost always required. You have a right to request your medical records from NHS Grampian or private providers through a Subject Access Request under UK GDPR and the Data Protection Act 2018.

Compensation in Scotland can include solatium for pain and suffering, past and future loss of earnings, pension loss, cost of treatment and therapies, care and case management, equipment and housing adaptations, travel, and other outlays. There are also services claims where relatives provide care to the injured person or where the injured person can no longer provide services to relatives. In fatal cases, eligible relatives may claim for loss of support and loss of society. Interest may be added to certain heads of loss. Settlement values are guided by Scottish case law and the Judicial College Guidelines, adjusted to Scottish practice.

Frequently Asked Questions

What counts as medical negligence in Scotland

Negligence occurs when the care you received fell below the standard of a reasonably competent professional and that failure caused you harm. Examples include missed or delayed diagnoses, surgical mistakes, medication errors, birth injuries, poor consent, and failures to act on test results. Not every poor outcome is negligence, and some complications occur even with proper care. Proof requires expert medical opinion applying the Hunter v Hanley test and careful analysis of causation.

How long do I have to start a claim

In most cases you have three years to raise court proceedings. The clock usually starts on the date of the incident or the date you first reasonably knew you were significantly injured and that the injury may have been caused by negligent care. For children it generally starts at age 16. Different rules apply if the person lacks capacity, and for fatal claims time typically runs from the date of death or date of knowledge. Because exceptions are limited, seek advice promptly.

Is complaining to NHS Grampian the same as making a legal claim

No. The NHS complaints process aims to provide explanations, apologies, and learning, but it does not award compensation. A legal claim seeks damages and follows a separate pre-action protocol and court rules. You can pursue both at the same time. A solicitor can help you draft an effective complaint while preserving your legal position and time limits.

If the hospital apologises, does that mean they admit liability

Not necessarily. Under the Apologies Scotland Act 2016, an apology on its own is generally not an admission of liability in civil proceedings. An apology can still be an important step in understanding what happened. Whether liability is admitted will be clear from formal correspondence during the pre-action process.

Can I sue NHS Grampian, or do I have to sue the individual doctor

Claims are usually brought against the relevant health board, such as NHS Grampian, for care provided in its hospitals and clinics because it is legally responsible for its staff. For private treatment you would normally claim against the private hospital or the individual practitioner’s insurer, depending on the arrangements. Your solicitor will identify the correct defender and notify them.

How do I get my medical records

You have a legal right to access your records. You can make a Subject Access Request to NHS Grampian or the private provider. There is normally no fee and providers must respond without undue delay. Your solicitor can request and review the records for you and ensure that all relevant material, including imaging and test results, is obtained.

What compensation can I claim for

You can claim solatium for pain and suffering, past and future loss of earnings, pension loss, treatment and rehabilitation costs, care and case management, aids and equipment, transport and housing adaptations, and other reasonable expenses. Scotland also allows services claims where family have provided unpaid care or where you can no longer provide services to relatives. In fatal cases, eligible relatives can claim for loss of support and loss of society. The value depends on medical evidence, your recovery, and the impact on your life.

How are cases funded and what will it cost

Funding options in Scotland include legal aid for eligible cases, no win no fee success fee agreements regulated by statute, legal expenses insurance, and private funding. Success fee caps and terms are regulated, and costs can be recovered in part from the defender if you win. A solicitor will explain your options, likely costs, and any success fee or insurance needed so you can make an informed choice before proceeding.

Will my case go to court and how long will it take

Many cases settle during the pre-action process once expert opinions are exchanged. If settlement is not possible, proceedings may be raised in Aberdeen Sheriff Court, the All Scotland Sheriff Personal Injury Court, or the Court of Session. Timelines vary with complexity, expert availability, and court timetables. Straightforward claims can resolve in months, while complex birth injury or high-value cases can take several years. Interim payments may be possible after liability is admitted.

Do I need expert medical evidence

Almost always. Independent experts comment on whether the care fell below the expected standard and whether that caused the harm. Your solicitor will identify the right specialties, instruct experts, and manage joint discussions between experts. Strong expert evidence is usually the key to both liability and valuation.

Additional Resources

NHS Grampian Patient Feedback and Complaints Service can help you raise concerns about care received in Aberdeen and the surrounding area. They can explain the process, timescales, and what outcomes are available through the complaints pathway.

The Patient Advice and Support Service, delivered by Citizens Advice Scotland, provides free, confidential advice about NHS care, complaints, and patient rights in Scotland. They can help you prepare your complaint and understand responses.

The Scottish Public Services Ombudsman is the final stage for unresolved NHS complaints in Scotland. You can approach the Ombudsman after NHS Grampian provides a final response, and they can investigate service failure.

The Central Legal Office represents Scottish health boards in clinical negligence claims. Understanding their role helps set expectations for how NHS claims are handled in Scotland.

The Law Society of Scotland operates registers of Scottish solicitors and accreditations such as specialist personal injury or clinical negligence status. This can help you find an experienced solicitor.

The Scottish Legal Aid Board manages legal aid. If you are financially eligible and your case has merit, legal aid funding may be available for clinical negligence claims in Scotland.

The Scottish Courts and Tribunals Service provides information on court processes and venues, including Aberdeen Sheriff Court, the All Scotland Sheriff Personal Injury Court, and the Court of Session.

The General Medical Council and the Nursing and Midwifery Council regulate doctors and nurses. They can consider concerns about fitness to practise, which is separate from a compensation claim.

NHS Inform provides general health information for Scotland, including guidance about patient rights, consent, and how to access medical records.

Next Steps

Make brief notes about what happened, including dates, locations, names of clinicians, and how the outcome has affected you. Keep a diary of symptoms, treatment, and practical impacts on work and daily life. Preserve receipts and records of expenses and care provided by family members.

Request your medical records from NHS Grampian or the private provider using a Subject Access Request. If you are unsure what to ask for, a solicitor can do this for you to ensure all relevant records, scans, and test results are included.

Seek early legal advice from a Scottish solicitor experienced in clinical negligence. Ask about time limits, prospects of success, funding options, and the likely steps in the pre-action protocol. Early instruction helps protect your position and avoid missing deadlines.

With your solicitor, prepare a detailed Letter of Claim setting out the facts, alleged negligence, injuries, and losses. Your solicitor will obtain expert reports on breach of duty and causation to support the claim and will manage correspondence with the Central Legal Office or insurers.

Consider rehabilitation and support needs. If liability is admitted, your solicitor can request interim payments to fund treatment, care, or adaptations while the case continues. Even before admission, your solicitor may signpost services and support.

If settlement is not achieved, your solicitor will advise on raising proceedings in the appropriate Scottish court and on the strategy, timescales, and risks. They will continue to pursue negotiation and alternative dispute resolution where suitable.

This guide provides general information only and is not legal advice. For advice about your specific situation in Aberdeen or anywhere in Scotland, speak to a qualified Scottish clinical negligence solicitor as soon as possible.