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Medical malpractice - often called clinical negligence - occurs when a healthcare professional or organisation fails to provide care at the standard reasonably expected, and that failure causes avoidable harm. In Mansfield, as elsewhere in England and Wales, claims can arise from hospital care, GP treatment, emergency care, maternity services, dental treatment, and care in private clinics or care homes. Most cases follow civil law procedures for negligence rather than criminal law, although very serious incidents can lead to professional discipline or criminal investigation.
Medical negligence cases are often complex and technically demanding. You may need a lawyer if you face any of the following situations:
- You have suffered harm after a surgical procedure, medication error, misdiagnosis, delayed diagnosis, or failure to obtain informed consent.
- You or a family member experienced avoidable birth injury, neurological damage, loss of sight or hearing, or a permanent disability following treatment.
- You are unsure whether the care you received met the professional standard required by law, and you need specialist medical and legal assessment.
- You need help getting and interpreting medical records and expert reports, and you want an assessment of your prospects of success and likely compensation.
- You need advice about limits on bringing a claim - for example, the three-year limitation period and exceptions for children or people lacking capacity.
- You want representation in negotiations with NHS bodies, private healthcare providers, or in court - or you wish to explore non-litigious remedies such as a formal complaint or mediation.
Key legal principles and procedural rules apply across England and Wales and are equally relevant in Mansfield. The most important points to understand are:
- Duty of care: Healthcare professionals owe patients a duty to take reasonable care. That duty is established once a therapeutic relationship exists.
- Breach of duty: To succeed, a claimant must show the healthcare professional breached the standard reasonably expected of a competent practitioner in that field. The Bolam test and its refinement by Bolitho still influence clinical negligence law for clinical judgement, while the Montgomery ruling set the current standard for disclosure of risks and informed consent - clinicians must inform patients of material risks and reasonable alternatives.
- Causation and proof: The claimant must prove, on the balance of probabilities, that the breach of duty caused the harm or materially contributed to it.
- Remedies: The main remedy is compensation - general damages for pain and suffering, and special damages for financial losses such as past and future care costs, loss of earnings, and equipment or home adaptations.
- Time limits: The Limitation Act 1980 typically requires claims to be started within three years of the date of the negligent act or within three years of the date of knowledge of the injury. Special rules apply for children - the limitation period runs from the 18th birthday - and for people lacking capacity where the court may disapply limits.
- Pre-action protocol: Clinical negligence claims follow a pre-action protocol intended to encourage early exchange of records and expert evidence and to try to settle disputes without court proceedings. This involves sending a detailed letter of claim to the defendant with medical evidence setting out the allegations and losses.
- Who to sue: Claims against NHS care are generally brought against the relevant NHS trust - for example the local trust that runs hospitals serving Mansfield. Claims for private care are made against the private provider or practitioner.
- Professional regulation and complaints: Allegations of poor clinical practice can also be pursued through professional regulators such as the General Medical Council and Nursing and Midwifery Council - these organisations handle fitness-to-practise issues rather than compensation claims.
Clinical negligence means a healthcare provider breached the standard of care expected and that breach caused you injury. Examples include wrong-site surgery, medication errors, failure to diagnose or delayed diagnosis that worsens outcomes, inadequate monitoring after procedures, and failure to warn about significant risks.
In most cases you have three years from the date of the negligent act or from the date you knew (or ought reasonably to have known) that harm was caused. For children the three-year period starts from their 18th birthday. If the injured person lacks mental capacity, limitation rules may be paused until capacity returns or may be addressed by the court.
Yes. Clinical negligence claims typically require independent expert medical evidence to show the standard of care, how it fell below that standard, and how that breach caused the injury. A specialist solicitor will usually obtain these reports as part of the pre-action process.
Compensation can include general damages for pain and suffering and special damages for financial loss - past and future loss of earnings, care and assistance, medical and therapy costs, equipment and home adaptations, and other out-of-pocket expenses. In some cases structured settlements are arranged for future losses.
Yes. Care provided by NHS hospitals and trusts serving Mansfield can be the subject of a claim. The claim will normally be against the relevant NHS trust responsible for the service. A clinical negligence solicitor will identify the correct defendant as part of their initial investigation.
Treatment in private clinics is subject to the same negligence principles. You can bring a claim against the private practitioner or clinic responsible for the care. Complaints about private care can also be made to the regulator - the Care Quality Commission - and to the practitioner’s professional regulator.
There are several funding routes - conditional fee agreements (no win no fee), damages-based agreements, and private funding. Legal costs and success fees are regulated and recovery of costs follows strict rules under the current framework. Legal aid is rarely available for clinical negligence. A specialist solicitor should explain funding options, likely costs, and what costs you might be asked to pay if the claim is unsuccessful.
Yes - it is usually a good idea to make a formal complaint to the hospital trust or practice early. The complaints process can provide explanations, records and sometimes early acknowledgment of fault and local remediation. However, making a complaint does not prevent you from starting a legal claim later - but you should preserve timelines for limitation and seek legal advice early.
Timelines vary widely. Some claims settle in months if liability is clear and injuries are straightforward. More complex cases - particularly those involving catastrophic injury or disputed causation - can take years, especially if court proceedings are required. The pre-action protocol encourages early exchange of information to narrow issues and speed resolution where possible.
Take practical steps: note dates, times, and names; keep any written communications or appointment letters; ask for a copy of your medical records using a subject access request; make a formal complaint to the provider; see your GP for assessment and to record ongoing problems; and contact a solicitor who specialises in clinical negligence as soon as possible to check limitation and next steps.
When seeking help or information, the following organisations and bodies can be useful:
- NHS Resolution - handles clinical negligence claims involving the NHS and can provide information on NHS claims processes.
- Sherwood Forest Hospitals NHS Foundation Trust - the main NHS trust serving the Mansfield area for hospital-based care.
- General Medical Council - regulator for doctors, for concerns about fitness to practise.
- Nursing and Midwifery Council - regulator for nurses and midwives.
- Care Quality Commission - regulator of health and social care services in England.
- Parliamentary and Health Service Ombudsman - independent investigator of complaints about NHS services that are not satisfactorily resolved locally.
- Solicitors Regulation Authority and The Law Society - for finding and checking credentials of solicitors and clinical negligence specialists.
- Citizens Advice - for general guidance on consumer rights, complaints, and practical next steps.
- Local Citizens Advice Bureau and local advocacy services in Mansfield - for free initial advice and support when making complaints.
Follow these practical steps if you need legal assistance:
- Preserve evidence and records - request your medical records promptly and keep any appointment letters, invoices and photographs that relate to the injury.
- Make a formal complaint to the hospital, GP practice or private clinic - this can generate an internal investigation and provide useful disclosure.
- Seek a specialist clinical negligence solicitor - look for a solicitor or firm with specific experience in medical negligence and a strong track record. Ask about funding options, chances of success, and the likely timeline.
- Obtain independent medical and legal assessment - a solicitor will usually obtain expert medical reports to assess breach and causation and advise on the value of a claim.
- Act promptly to protect your legal position - be aware of limitation periods and do not delay seeking advice. If litigation becomes necessary your solicitor will follow the pre-action protocol and aim to resolve the matter at the earliest reasonable stage.
If you are unsure where to start, organise a short meeting or phone call with a local specialist solicitor to discuss your situation and get clear, confidential advice about your options and the next practical steps.
