05. When can I claim compensation?

If you have been injured physically or psychologically by healthcare professional's negligence, you may be able to claim compensation. The injury needs to be serious enough to make it worthwhile paying the costs of making a claim. It is probably not worth taking legal action if your injury:

• is fairly minor and you recover within a few days or weeks; and
• hasn't caused you to lose a lot of money, such as earnings from time off work.

If you are not sure about whether to try to claim compensation, get advice from a clinical negligence solicitor - many solicitors offer free initial advice. You can also get free advice from Action against Medical Accidents.

It is important to understand that clinical negligence action is only about claiming compensation. The courts cannot:

• discipline a healthcare professional by, for example, stopping a GP from practising;
• force a hospital to change how it works; or
• make a doctor apologise.

If compensation is not your main aim, then you should seriously consider other actions. You could, for example, complain to the General Medical Council if you think that your doctor acted unprofessionally or made serious mistake and should be disciplined.

What if my problem was not caused by a doctor?
You can claim for clinical negligence against any healthcare professional who hasn't given you the right care or treatment and this has injured you. This includes, for example:

• health visitors;
• nurses;
• midwives;
• physiotherapists;
• osteopaths;
• private practitioners;
• mental health care teams;
• laboratory services;
• dentists;
• medical or dental technicians;
• opticians; and
• the ambulance service.