FAQs

As Featured In:

What constitutes medical negligence under Scots Law?

Under Scots Law, medical negligence (also known as medical malpractice) occurs when a healthcare professional—such as an NHS doctor, nurse, surgeon, dentist, or private practitioner—fails to uphold a reasonable standard of care, resulting in avoidable physical or psychological harm. To establish a claim, we must prove that the treatment fell below the standard expected of a competent practitioner and directly caused your injury (known as causation).

What is the time limit for making a medical negligence claim in Scotland?

In Scotland, under the Prescription and Limitation (Scotland) Act 1973, you generally have 3 years to initiate a court action. This time limit usually begins from:

The date the negligent treatment occurred, or
The date you first became aware that your injury was caused by medical negligence (the “date of knowledge”).

Exceptions:

Children: For individuals injured as children, the 3-year time limit does not start until their 16th birthday (giving them until age 19 to file a claim).
Mental Capacity: If the injured person lacks legal capacity, the time limit may be indefinitely paused.

Can I claim against NHS Scotland for medical negligence?

Yes. You can make a compensation claim against any Scottish Health Board (e.g., NHS Greater Glasgow and Clyde, NHS Lothian, NHS Tayside). Claims against NHS Scotland are handled through the NHS Scotland Central Legal Office (CLO). Making a claim against the NHS does not affect your right to receive ongoing or future medical care.

Can I claim for negligent care received at a private medical clinic or private hospital in Scotland?

Yes. Private healthcare providers, surgeons, and medical practitioners operating in Scotland owe the same duty of care as NHS staff. Private medical negligence claims are processed through the practitioner’s or clinic’s private medical indemnity insurer.

How much compensation can I receive for a medical negligence claim in Scotland?

Compensation amounts vary based on the severity of the injury and its impact on your life. In Scotland, financial awards are calculated into two main categories:

Solatium (General Damages): Compensation for pain, suffering, loss of amenity, and physical/psychological trauma.
Financial Losses (Special Damages): Reimbursement for lost earnings (past and future), cost of ongoing care/rehabilitation, private medical treatments, travel expenses, and home adaptations.

Do I have to make an official NHS complaint before filing a legal claim?

No, filing a formal NHS complaint is not legally mandatory to start a court claim, but it is often highly beneficial. Submitting a complaint through the NHS Scotland Feedback and Complaints procedure helps gather initial written explanations, internal incident reports, and medical records that strengthen your legal case.

What are the most common types of medical negligence claims in Scotland?

We handle a wide range of medical negligence claims across Scotland, including:

Surgical Errors: Ineffective procedures, wrong-site surgery, or internal organ damage.
Misdiagnosis or Delayed Diagnosis: Missing critical conditions like cancer, stroke, or severe infections.
Maternity & Birth Injuries: Cerebral palsy, Erb’s palsy, or trauma to mother and child during delivery.
Prescription & Medication Errors: Incorrect dosage or administering harmful drug combinations.
Dental Negligence: Nerve damage, failed root canals, or incorrect extractions.

How do I access my medical records from NHS Scotland or a private doctor?

Under UK Data Protection legislation (GDPR and Data Protection Act 2018), you have the legal right to request complete copies of your medical records from your GP, hospital, or health board via a Subject Access Request (SAR). Our legal team handles this process on your behalf to ensure all relevant clinical notes, test results, and imaging scans are retrieved.

What happens if a family member passed away due to medical negligence in Scotland?

Under the Damages (Scotland) Act 2011, surviving family members (spouses, partners, children, parents, and siblings) can file a compensation claim for the wrongful death of a relative caused by medical negligence. This can include damages for distress, loss of society, loss of financial support, and funeral expenses.

How long does a medical negligence claim take to settle in Scotland?

Medical negligence cases are complex and require detailed investigation by medical experts. Straightforward cases where fault is admitted early may settle within 12 to 18 months. More complex claims involving severe lifelong injuries, disputed liability, or long-term medical assessments can take longer to ensure full compensation is secured for future care needs.