What is medical negligence?

Medical negligence (also sometimes called clinical negligence) is when a patient is harmed, becomes ill, or an existing condition gets worse due to the fault of the healthcare professional in the treatment they have given. That could be a GP, a hospital consultant, a nurse or any other practitioner you have been seeing. In Scots law, this will form the basis of your claim for damages.

The effects can range from minor to life-changing. Some of the most common types of medical negligence we see include:

• Misdiagnosing an illness
• Mistakes made during surgery
• Errors during pregnancy and childbirth
• Incorrect medication prescribed or administered
• A delayed diagnosis, particularly of conditions like cancer where early treatment matters
• Failure to refer a patient to the right specialist at the right time

All of these failures can result in pain, stress, and financial strain that you should never have had to bear.

How to make a medical negligence claim in Scotland

A successful medical negligence claim is based on three elements. First, you must show that the healthcare professional had a duty of care to you. Second, that they breached that duty by providing care below the standard to be expected of a competent practitioner. And third, that it was that breach of care which directly caused your injury or made your condition worse.

Your solicitor will then obtain your medical records and seek the assistance of independent medical experts to comment on the standard of the care that was given. If the evidence is favourable to your case, a formal letter of claim will be sent to the liable party and your case for compensation will begin.

How Thompsons can help with medical negligence claims

Nothing is more unsettling than being let down by someone you relied on to care for your health. You were already in a vulnerable position, and having your condition worsen — or suffering a whole new injury — because of another person's mistake can make you feel like nothing is under your control anymore. Everyone around you feels it too.

We know this. At Thompsons, we have been dealing with medical negligence cases for decades. Our personal injury lawyers tackle every case with compassion, with care, and with a determination to secure the best outcome for you. We want to get you the compensation you are entitled to, and we will fight hard to do it.

Our medical negligence solicitors in Scotland only represent claimants — we have never acted for the other side. Making a claim can also help ensure that the same thing does not happen to somebody else.

We have a large team of solicitors, solicitor advocates and specialist professionals dedicated to medical negligence compensation claims, supported by independent experts including Consultant Physicians and Occupational Hygienists. Thompsons is an award-winning personal injury firm, and we recover over £1 million every week for our clients across Scotland. We handle medical negligence claims on a no win no fee basis, so you won't pay a penny upfront.

Time limits for medical negligence claims in Scotland

If you suspect you have been the victim of medical negligence, getting legal advice quickly is important. The general time limit for personal injury claims in Scotland is three years, starting from the date of the negligent act, or — if the effects were not immediately obvious — from the date you first realised that your injury was connected to the treatment you received.

There are exceptions. For children, the time limit does not begin until they turn 18. For someone who lacks the mental capacity to make decisions about their claim, the three-year limit will not apply while that incapacity continues.

How long a claim takes to settle can vary. Simpler cases have been known to resolve within around 18 months. More complex claims involving disputed liability or serious injuries can take longer, depending on the medical evidence needed and how willing the other side is to cooperate.

Contact Thompsons about your medical negligence claim

Thompsons offers a free, no-obligation call with a specialist lawyer. You can talk through what happened, ask questions about the medical negligence claims process, and decide whether you want to take things further — with no pressure at all.

Call us today to take the first step.