Understanding Patient Rights When Medical Treatment Goes Wrong

Has your medical treatment ever done more harm than good?

Millions of patients each year sustain injuries that should never have happened. Patients are injured due to medical negligence, mistakes and failures to meet basic standards of care by medical professionals. Sadly this number continues to grow year on year.

There’s something you should know about this…

Patients have rights. And when medical treatment goes wrong those rights can help patients to access justice & fair compensation.

When Medical Treatment Goes Wrong, What Are Your Rights?

In this guide we cover everything you need to know about medical negligence claims;

• What Constitutes Treatment as “Medical Negligence”?
• Your Basic Patient Rights
• What Is A No Win No Fee Claim?
• How To Claim After Receiving Negligent Care
• Making A Successful Compensation Claim

Let’s take a closer look…

What Constitutes Treatment as “Medical Negligence”?

Medical negligence occurs when a healthcare professional breaches their duty of care towards a patient and causes them to suffer an injury.

However;

Not all treatment outcomes that cause injury are classed as negligence. All medical treatment carries an inherent risk of harm. Patients who suffer an injury will often immediately think they have been negligently treated. But was the provided care actually below the standards of a competent medical professional?

Negligence claims revolve around 4 key concepts;

• Duty of care – Doctors owe a duty of care to their patients
• Breach of duty – The care provided fell below an acceptable standard
• Causation – The breach of duty caused the patient harm
• Damage – The patient suffered a quantifiable injury

Working with a medical law firm will help you identify if negligent care has occurred. Especially important with no win no fee medical negligence claims. You want to be sure your case meets all these criteria before proceeding.

Your Basic Patient Rights

When seeing a medical professional you have basic rights that healthcare providers must abide by.

One of the most important rights patients have is ‘The right to informed consent’.

Essentially this means doctors should explain proposed treatment methods, risks involved and alternative options. They must gain consent from a patient before proceeding.

Patients also have the right to;

• Access medical records
• Receive a reasonable standard of care from medical professionals
• Make a complaint about substandard treatment
• Claim compensation when things go wrong

However;

Patient Rights are the same whether you are treated on the NHS or privately.

What Is A No Win No Fee Claim?

The concept of No Win No Fee medical negligence claims has opened the doors of justice to thousands of patients.

Previously, the majority of patients were unable to claim due to the upfront fees associated with making a claim. Recovering from medical negligence can take up to years with constant doctor visits and time off work. Which means the last thing you need is an expensive bill from your solicitor.

How Does No Win No Fee Work?

In simple terms;

No win no fee medical claims work on what’s known as a Conditional Fee Agreement (CFA). Your solicitor agrees to take on your case with no upfront payment required. If you lose your claim you pay nothing. If you win your claim your solicitor will take a success fee from the compensation awarded (normally).

Your solicitor’s success fee will normally be limited to 25% of your general damages and past specials. Meaning you as the claimant receive the vast majority of your compensation award.

Why Is This Important?

Anyone can make a legitimate medical negligence claim. No matter your financial situation you can claim and have that claim properly investigated. No win no fee arrangements even the playing field between giant healthcare institutions and individual patients.

How To Claim After Receiving Negligent Care

Think you may have been a victim of medical negligence? Taking these 4 steps will help you to start your claim off on the right foot.

Get Medical Treatment

This should go without saying but your health is priority. If you are still receiving treatment for injuries caused by negligent care continue too!

Ask For Medical Records

Patients have the legal right to access their medical records. Requesting these records will be a vital step in building your compensation claim.

Keep A Record Of What Happened

Build a written account of everything that went wrong. Include dates and times if possible. Remember details about who provided your treatment and any conversations you had about the treatment you received.

Act Quickly

Medical negligence claims are subject to time limits. Claims must be started within 3 years of the date of treatment or 3 years from the date you became aware of your injury. For under 18’s the 3 year time limit begins on their 18th birthday.

A common mistake patients make is…

… waiting too long to seek legal advice.

Consult a Solicitor Asap

As soon as you suspect you may have a claim it’s important to consult with a solicitor. They will be able to preserve key pieces of evidence and advise on the next steps to take.

How To Build A Successful Compensation Claim

Ultimately the strength of your claim will come down to the evidence provided.

For Medical negligence claims part of that evidence will come from medical experts in the relevant field. These medical professionals provide an objective opinion on whether the care provided fell below an acceptable standard.

Recent NHS Negligence Statistics show 14,428 new claims were made against the NHS in England in 2024/25. Continuing an upwards trend in the number of claims being made.

A successful claim will have all the above aspects covered. Patients need to be able to prove their injury was directly caused by negligent treatment as opposed to the underlying condition.

Patients can claim for several things;

• Pain and suffering
• Lost earnings
• Cost of additional medical treatment needed
• Needs for care and assistance
• Loss of earnings in the future

The majority of medical negligence claims are settled before they even get to court. NHS Resolution reported in 2024/25 83% of clinical claims were resolved without court proceedings. Many of these are settled using alternative dispute resolution methods such as mediation. Which can be a quicker less stressful process for all involved.

Wrapping Things Up…

When medical treatment goes wrong patients have rights. These rights allow patients to seek justice and claim the compensation they deserve.

Medical negligence no win no fee claims have allowed every patient the right to claim. No matter your income or insurance you can claim and have that claim investigated.

Remember…

• Patients must prove care was below an acceptable standard to qualify for negligence claims
• Patients have the right to informed consent
• Patients have the right to access medical records
• Claims are subject to time limits. So act quickly
• The majority of claims are settled out of court

Medical negligence claims allow patients to obtain justice for the injuries they have suffered. But they also help improve the standards of care provided moving forwards. Preventing other patients from suffering the same harm.

Suffered an injury due to medical treatment? Now is the time to seek professional legal advice.

A medical negligence specialist will be able to advise you on whether you have a valid claim. Helping you through the process of claiming the fair compensation you deserve.