How long does a medical negligence claim take?

It depends on how complex your claim is and whether the other side accepts liability. Simpler claims can settle relatively quickly, while complex claims involving serious injuries can take several years. Once we know more, we'll give you a realistic timescale and keep you updated.

Will making a claim affect my NHS treatment?

No. Making a medical negligence claim doesn't affect your right to treatment, and you can keep receiving treatment from the same health board. If you'd prefer, you can ask for a second opinion or to see a different healthcare professional.

Do I need to complain to the NHS before making a claim?

No, you don't have to complain first, though a complaint can give you useful answers. The Patient Advice and Support Service can help you use the NHS Scotland complaints procedure, and the Scottish Public Services Ombudsman can review the outcome. A complaint doesn't pause the three-year time limit for a legal claim.

Will my case go to court?

Most medical negligence claims settle without a full court hearing. We explore alternative ways to resolve your claim, such as negotiation, before going to court. If court action is needed, we'll prepare you for every step.

Is clinical negligence the same as medical negligence?

Yes. Medical negligence claims and clinical negligence claims are the same thing, covering harm caused by negligent care from doctors, nurses, dentists and other healthcare professionals. Lawyers tend to say clinical negligence, while most people search for medical negligence.

Medical Negligence Solicitors in Scotland

If medical treatment has left you or someone you love worse off, our medical negligence solicitors will tell you honestly whether you have a claim and help you get answers and fair compensation. We handle every claim under Scots law and operate under Now Win, No Fee basis.

Medical Negligence Claims

You trusted medical professionals with your health, and something went wrong. Deciding whether to make a claim, especially against the NHS or someone who treated you, is rarely easy. You may not have decided anything yet, and that’s fine. We’re here to listen.

Jones Whyte is a Scottish law firm with offices in Glasgow, Edinburgh and Aberdeen. Our medical negligence solicitors handle claims like yours across Scotland every day, from delayed diagnosis and surgical errors to birth injuries and fatal claims. Get in touch and tell us what happened. We’ll go through everything with you, explain your options in plain English and tell you honestly whether you have a claim.

Our clinical negligence team is proud to be recognised by Chambers & Partners, one of the most respected legal directories in the world. This recognition reflects our commitment to providing exceptional legal support to clients during some of the most difficult times of their lives.

Meet Our Solicitors

Our medical negligence solicitors bring specialist knowledge and a personal approach to every claim. Meet the team who will guide you from your first conversation to the final outcome.

Meet the whole team

Chloe Sneddon

Partner

Michael McLean

Partner and Solicitor Advocate

Rachel Carmichael

Paralegal

Reviews

Contact Jones Whyte today

Whether you’re dealing with a missed diagnosis, a surgical error or the loss of someone you love, our medical negligence solicitors are here to help. Tell us what happened, and we’ll look at your treatment, explain your options under Scots law and tell you honestly whether you have a claim.

Medical negligence claims can be complex, but you’ll always know where you stand. We’ll keep you updated, explain each step in plain English and work to secure the answers and compensation you deserve. Complete the form, and our team will be in touch to discuss your claim.

0141 674 6323

What Is Medical Negligence?

Medical negligence happens when a doctor, nurse or other healthcare professional provides care that falls below an acceptable standard, and that substandard care causes you harm or makes an existing medical condition worse. You may also see it called clinical negligence or medical malpractice. All three describe the same thing.

Not every poor outcome is negligence. Some treatments carry known risks, and complications happen even when care is good. What matters is whether the risk was managed properly and whether you were told about it. If you’re not sure which applies to you, our free initial call will help you find out.

Consent matters too. Before treatment, you should be told about material risks and reasonable alternatives so you can decide for yourself. If you weren’t told and were harmed as a result, you may have a claim even if the treatment itself was carried out properly.

Types of Medical Negligence Claims We Handle

Can I Make a Medical Negligence Claim?

You may have a negligence claim if a healthcare professional owed you a duty of care, the care fell below the expected standard, and that failure caused you harm. You don’t need to know the answer before you contact us. Working that out is our job.

To prove medical negligence, you need to show four things:

Duty of care: the professional was responsible for your care. This is usually straightforward.
Breach of duty: the care fell below the standard a competent professional would provide.
Causation: that failure, rather than your underlying illness, caused your injury or made your condition worse.
Loss: you suffered harm, financial losses or both as a result.

Causation is often the hardest part to prove. It takes medical knowledge as well as legal skill, so we support every claim we pursue with expert evidence from independent medical experts in the relevant field.

If you were treated privately, your claim is usually made against the practitioner or clinic and their insurer rather than the NHS.

Making a Claim Against the NHS in Scotland

Claims against the NHS in Scotland are made against the health board responsible for your care. In England, claims go against an NHS trust, but Scotland works differently. The NHS Central Legal Office represents health boards.

Many people worry that claiming takes money from patient care. It doesn’t come from a ward or frontline budget. Compensation is paid through the Clinical Negligence and Other Risks Indemnity Scheme (CNORIS), which NHS Scotland bodies pay into for this purpose.

Claiming on Behalf of a Child or Loved One

If your child has been harmed by medical negligence, you can claim on their behalf as their parent or guardian. If an adult in your family lacks the mental capacity to manage a claim, someone with legal authority to act for them, such as a guardian, can pursue it.

If someone you love has died because of medical negligence, two types of claim may be possible. Their executor can claim for the pain and suffering they experienced before they died. Close relatives, including spouses, partners, parents, children, grandparents and siblings, can also claim for their own loss under the Damages (Scotland) Act 2011. This covers the loss of the relationship, support and guidance their family member gave them.

We handle fatal claims with care, at a pace that suits your family.

Time Limits for Medical Negligence Claims in Scotland

In Scotland, you generally have three years to make a medical negligence claim. The three years run from the date the negligence occurred, or from when you became aware, or could reasonably have become aware, that negligent treatment caused your injury. This is often called the three year rule.

There are exceptions. For children, the three years start on their 16th birthday, which usually gives them until they turn 19 to raise court proceedings. If an injured person lacks the mental capacity to make decisions about a claim, time doesn’t run while that incapacity continues.

The courts can allow a late claim in some circumstances, but this is rare. Don’t rely on it.

Medical negligence cases take time to investigate, and records and expert reports can’t be rushed. The sooner you speak to us, the more options you’ll have. If you think the injury sustained could be linked to your treatment, get in touch now, even if you’re unsure.

How to Make a Medical Negligence Claim With Jones Whyte

Medical negligence claims can be complex, but you’ll always know what’s happening and what comes next. Here’s how the claims process works.

Your free initial conversation. Call us or complete our online form. Our team will take details of what happened and pass them to a clinical negligence solicitor. If the solicitor sees a potential claim, they’ll arrange to discuss it with you in more detail. You’re under no obligation at any point.
Your medical records. With your permission, we request your medical records from the health board, GP practice or private provider. They show the treatment received and are the starting point of every claim.
Independent expert reports. If the records suggest something went wrong, we arrange further investigations, including reports from independent medical experts. We pay for the expert reports your claim needs.
Presenting your claim. If the medical evidence supports your claim, we set out your compensation claim formally to the health board or insurer and ask whether they accept liability.
Settlement or court. Most claims settle through negotiation. If yours doesn’t, we raise legal proceedings, usually in the Court of Session or the All-Scotland Sheriff Personal Injury Court in Edinburgh.

Before you accept any offer, we make sure every part of your claim has been fully explored, including your future needs.

How Much Compensation Can I Claim for Medical Negligence?

How much compensation you can claim will vary depending on how seriously you were harmed, how well you recover and how the injury affects your work and daily life. Medical negligence compensation has two parts: one for your pain and suffering, and one for your financial losses.

In Scotland, compensation for pain, suffering and loss of amenity is called solatium. Loss of amenity means the effect on your ability to enjoy life as you did before.

Financial compensation for your losses can include:

Lost earnings, past and future, and pension losses.
Medical expenses, including private treatment, therapy and rehabilitation.
Care and assistance, including unpaid care from family or friends.
Aids, equipment and adaptations to your home or car.
Travel costs to medical appointments.

For a sense of scale, the Judicial College Guidelines (18th edition) suggest these ranges for pain, suffering and loss of amenity:

Very severe brain injury, including cerebral palsy causing severe physical and cognitive disability: £338,670 to £485,150.
Moderately severe brain injury: £263,080 to £338,670.
Infertility with serious complications, for example following a failure to diagnose an ectopic pregnancy: £137,980 to £204,230.
Loss of one kidney with no damage to the other: £36,950 to £53,890.
Moderately severe psychiatric injury, including many cases following a negligent stillbirth or traumatic birth: £22,900 to £65,850.

These figures are guidance, not a promise, and cover solatium only. Your financial losses are added on top, and in serious clinical negligence cases they can make up the largest part of an award. Once we understand your situation, we’ll give you an honest view of what your claim could be worth.

Clinical negligence compensation is usually paid as a lump sum payment. If the other side accepts liability, we can ask for interim payments while your claim continues, so you can fund treatment, therapy or adaptations without waiting for the final settlement.

Why Choose Jones Whyte for Your Medical Negligence Claim?

Our clinical negligence team includes Chloe Sneddon, a Partner and Law Society of Scotland accredited specialist in clinical negligence, and Michael McLean, a Partner and Solicitor Advocate. Chambers and Partners ranked the team in Band 3 for Clinical Negligence in Scotland in 2026.

Solicitors who work with Scots law and Scottish courts every day will handle your claim. We’re a Scottish firm headquartered in Glasgow, with more than 240 people.

We handle medical negligence claims on a No Win, No Fee basis. You pay no legal fees upfront, and if your claim is unsuccessful, you pay none of our legal fees. You don’t need to qualify for legal aid, and No Win, No Fee keeps the financial risk of making a claim as low as possible.

Many people worry about legal expenses before they get in touch, but legal costs shouldn’t stop you finding out where you stand. We explain our fees clearly before we start, with no hidden costs and no surprises.

Our team is proud to announce that we have been ranked by Chambers and Partners in the 2026 edition, achieving a Band 3 ranking for Clinical Negligence: Mainly Claimant in Scotland. Chambers and Partners are widely regarded as one of the most authoritative legal directories globally, with rankings based on in-depth research, client feedback, and peer review.

This recognition marks a significant milestone for the firm, reflecting our growing reputation and commitment to achieving justice for clients who have suffered due to medical negligence. Our inclusion in this year’s guide acknowledges our expertise in handling complex clinical negligence cases on behalf of claimants.

Our Fee Structure

Success Fee: If your claim is successful, our success fee is charged as a percentage of compensation awarded to you. This fee covers our legal services and includes the cost of After the Event (ATE) insurance to protect you against having to pay the other side’s costs if your claim is unsuccessful.

No Win, No Fee Explained: You will not pay any legal fees if your claim is unsuccessful. However, if we secure compensation for you, our success fee will be deducted from your compensation award before payment to you.

When You Might Be Liable for Costs:

If you choose to terminate your agreement with us but later succeed with your claim through other means, such as through another firm of solicitors, you may be liable for the cost of the work we have completed on your behalf.
In other exceptional circumstances as detailed in our instruction agreement and terms of business, such as if you have misled us or falsely represented part of your claim.

These terms will be fully outlined in your instruction agreement and Terms of Business with us, and are available for you to review before you make any binding commitment. You are under no obligation to these terms by making an initial enquiry.

Medical Negligence Claims FAQs

Speak to Our Medical Negligence Solicitors Today

We help injured people across Scotland get honest answers and the compensation they deserve. Call us or complete our online form today for a free initial conversation, with no pressure and no obligation to proceed afterwards.

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