General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

Medical Negligence — No Win No Fee

England & WalesLast reviewed 2 August 2026

Medical negligence occurs when a healthcare professional's treatment falls below the standard reasonably expected, causing injury to the patient. Many UK solicitors handle these cases on a no win no fee (CFA) basis, though they are complex and require expert medical evidence.

What Is Medical Negligence?

Direct Answer: Medical negligence occurs when a healthcare professional's treatment falls below the accepted standard of care (the Bolam test), causing injury. Claims against NHS and private providers can be brought on a no win no fee CFA. The limitation period is 3 years from the date of injury or date of knowledge.

Medical negligence (also referred to as clinical negligence) arises when a healthcare professional — whether a GP, surgeon, consultant, nurse, dentist, or other clinician — provides treatment that falls below the standard of care reasonably expected, and that substandard treatment causes injury or harm to the patient. The claim may be against the individual practitioner, an NHS Trust, or a private healthcare provider.

What Is the Legal Standard — Bolam and Bolitho?

The standard of care in English law is set by the Bolam test (Bolam v Friern Hospital Management Committee [1957]): a doctor is not negligent if they acted in accordance with a practice accepted as proper by a responsible body of medical professionals skilled in that particular art.

This was refined by Bolitho (Bolitho v City and Hackney Health Authority [1998]): the court may assess whether the body of opinion relied upon has a logical basis and has properly weighed risks against benefits. This prevents a purely deferential approach to medical opinion.

What Are the Common Types of Medical Negligence?

  • Surgical errors — wrong-site surgery, nerve damage, retained instruments
  • Misdiagnosis or delayed diagnosis — failure to diagnose cancer, stroke, or other serious conditions
  • Birth injuries — cerebral palsy, Erb's palsy, hypoxic brain injury due to birth mismanagement
  • Medication errors — wrong drug, wrong dose, contraindicated combinations
  • Failure to obtain informed consent — proceeding without properly explaining risks (Montgomery v Lanarkshire)
  • A&E negligence — errors in emergency treatment or triage

What Is NHS Resolution?

Claims against NHS bodies in England are managed by NHS Resolution (formerly the NHS Litigation Authority). NHS Resolution handles the defence of claims, manages the Clinical Negligence Scheme for Trusts (CNST), and publishes annual reports on claims data. In 2022/23, NHS Resolution received over 13,000 new clinical negligence claims.

No Win No Fee for Medical Negligence

Medical negligence claims can be pursued under a Conditional Fee Agreement. However, because these cases require substantial upfront investment in expert evidence (often multiple expert reports from different specialities), solicitors are selective. Disbursements for medical negligence cases can run into thousands of pounds, making ATE insurance particularly important.

Frequently Asked Questions

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.