Medical Negligence Claims Scotland

What is Medical Negligence?

Medical negligence — or clinical negligence — occurs when a doctor, nurse, surgeon, GP, dentist or other healthcare professional fails to deliver the standard of care that a reasonably competent practitioner would provide, and that failure causes avoidable harm to a patient. Not every poor medical outcome is negligence. The Scottish test — established in Hunter v Hanley (1955) — requires the pursuer to demonstrate that the practitioner failed to exercise the standard of the ordinary skilled person exercising that particular art.

What Must Be Proved in a Medical Negligence Claim?

A medical negligence claim in Scotland requires you to prove three things:

• Duty of care — a healthcare professional or organisation owed you a duty of care
• Breach of duty — their treatment or omission fell below the standard of a reasonably competent practitioner in that specialty
• Causation — the breach caused or materially contributed to your injury or harm

Types of Medical Negligence Claims in Scotland

We handle the full range of clinical negligence claims:

• NHS negligence claims — against NHS Scotland boards and hospitals
• GP negligence — failure to diagnose, delayed referral, prescribing errors
• Surgical negligence — errors during operations, wrong-site surgery, anaesthetic errors
• Misdiagnosis and delayed diagnosis claims
• Cancer misdiagnosis claims — delayed or missed cancer diagnosis
• Birth injury claims — injuries to mothers and babies during labour and delivery
• Dental negligence — extraction errors, failed treatment, nerve damage
• Care home negligence — inadequate care, falls, pressure sores
• Prescription errors and medication mistakes
• Fatal medical negligence claims

The Role of Expert Medical Evidence

Medical negligence claims in Scotland depend on independent expert medical evidence. Your solicitor will instruct an expert in the relevant specialty to review your records and provide an opinion on whether the care was negligent, whether it caused your harm, and the extent of your injury. This evidence is the foundation of your claim.

NHS and Private Healthcare Claims

Claims can be made against NHS Scotland (defended by the Central Legal Office), individual NHS boards, private hospitals, private clinics and independent practitioners. The legal process is the same regardless of whether the negligence occurred in an NHS or private setting.

Children and Adults Lacking Capacity

Special time limit rules apply to children and adults who lack legal capacity. A child in Scotland generally has until age 19 to bring a claim (three years after reaching 16). Adults lacking capacity are also given special protections. Seek advice as early as possible.

Time Limits for Medical Negligence Claims in Scotland

The general time limit is three years from the date of the negligent treatment, or three years from your date of knowledge — when you knew or ought to have known that your harm was caused by negligence. Do not delay in seeking advice.

What Compensation Can You Claim?

Compensation in medical negligence cases can cover solatium (pain, suffering and loss of amenity), loss of earnings, cost of private treatment, rehabilitation costs, care and assistance, home adaptations, future losses and other expenses. The amount depends on the specific facts and is quantified with expert medical and financial evidence.