Making a complaint
Healthcare services usually treat people without any significant problems. But sometimes things can go wrong.
It can be distressing if things go wrong during your medical treatment. You may feel angry and upset. But there are things that you can do. Knowing this may help you to cope better with this stressful experience.
Often, the easiest way to resolve a problem is to talk to the healthcare team involved. If this doesn't help, you might want to make a complaint or a clinical negligence claim.
Find out how to make a complaint
Clinical negligence is when the care you receive is below the standard that should be provided and causes injury or harm. The harm can be physical or mental.
It might happen because:
there's a delay in diagnosing an illness
you are given a wrong diagnosis
there is a delay in treatment
you've had the wrong treatment, or the treatment did not go as planned
your healthcare team didn't tell you about the risks of a particular treatment
You might want to make a clinical negligence claim for compensation. Before you do this, you need to think about:
what you want to achieve
if you would be happy with an explanation or an apology
whether making a complaint first could help answer your questions
if compensation is likely to be more than your legal costs
if you have the time and energy – clinical negligence claims can take several months or several years to resolve
getting advice from a specialist organisation or your solicitor
You usually need to make a claim within 3 years of the injury or harm. Sometimes different time limits apply. For example, the time limit may be different for children and for people who do not have the mental capacity to make a claim.
Taking out a clinical negligence case isn't the same as making a complaint.
When you make a complaint, you're unlikely to get any compensation. But you should get answers about what went wrong and you may receive an apology. You might also find out how the hospital will prevent the same problem from happening again. This can help you decide whether you want to take out a clinical negligence claim.
In a clinical negligence case, you're asking for money. The money is to compensate you for the harm or injury due to clinical negligence.
The amount of compensation you receive depends on your injury. It might also include any extra expenses you've had due to the injury. This might be expenses like nursing care or disability costs.
A clinical negligence claim does not always lead to an apology. Or information about changes. But the hospital staff may explain any improvements they make.
You need to contact a solicitor who specialises in clinical negligence. The solicitor can advise whether they think you may have a claim and if they can help. You can find a solicitor through your local Law Society. You can also contact the charity Action against Medical Accidents (AVMA):
Your solicitor will need a copy of your medical records. They might also need a copy of scans and x-rays. You might have to pay for this. Your solicitor can advise you on this.
Your solicitor will usually ask for an opinion from an independent medical expert. They then write a letter about your claim to the hospital or GP practice.
The hospital or health care professional will carry out an investigation. At this stage, they might accept or deny the claim. If they deny the claim, you might need to take out legal proceedings. This means your solicitor takes the claim to court. People usually settle claims before they go to court.
You need to pay for any legal action, but you might be able to get some help. There are some ways to help to fund your claim:
your insurance – some household and car insurance policies cover legal expenses
some trade union memberships include legal advice
no win, no fee agreements
No win, no fee agreements are made between you and your solicitor. It means that you don’t have to pay them if they don’t win the case. But if you lose, you'll usually still have to pay for court costs and the hospital or doctor’s fees. Your solicitor may recommend insurance to help cover these costs if your claim is unsuccessful. Ask your solicitor to explain any costs you might still have to pay.
You can pay for the claim yourself if you can’t do any of these. Talk to your solicitor beforehand about what it's likely to cost and your chance of winning the case.
It can be expensive to take legal action. And if you lose, you are likely to have to pay the other side's (hospital or health professional) costs as well.
If you win your claim, the other side usually pays for most of the costs. This includes the court costs, the cost of the medical report, and your solicitor‘s fees. But you may still need to pay some costs. Your solicitor can tell you more about this.
Legal aid is not available for most clinical negligence claims in England and Wales. It is available for some people in Scotland and Northern Ireland. Your solicitor can help you with this.
Check if you can get legal aid
There are organisations that can provide more information and advice.
Last reviewed: 27 Oct 2026
Next review due: 27 Oct 2029
There are organisations that can help you when making a complaint or clinical negligence claim.
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