Specialist Clinical Negligence Compensation Solicitors 
If you have received treatment from a private doctor, clinic or hospital and something has gone wrong, you may be able to make a private medical negligence claim (medical and clinical negligence are the same thing).
Many people assume that medical negligence only applies to the NHS. That is not correct. Private healthcare providers owe the same legal duty of care as NHS providers.
The Solicitors here at Bonallack & Bishop regularly advise clients who have suffered harm following negligent private medical treatment, including cosmetic procedures, fertility treatment and private surgery.
Call or Email Us Now for Your FREE Specialist Medical Negligence Advice – FREE phone advice and a FREE first face-to-face, phone or video appointment. Call FREEPHONE 0800 1404544 or locally on 01722 422300
Can You Make A Claim For Private Medical Negligence?
In short, yes. Patients treated privately have the same legal rights as NHS patients.
The legal basis is straightforward:
- A private doctor or clinic owes you a duty of care
- If that duty is breached, and
- You suffer harm as a result
You may be entitled to compensation. That is because any private healthcare provider is legally liable if their treatment falls below the standard of a reasonably competent practitioner and causes injury.
This principle comes from established case law, including:
- Donoghue v Stevenson – establishing duty of care
- Bolam v Friern Hospital Management Committee – standard of care
- Bolitho v City and Hackney Health Authority – logical basis of medical opinion
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What Is Private Medical Negligence?
Private medical negligence occurs when treatment provided by a private healthcare professional or organisation is substandard and causes avoidable harm.
This includes treatment and medical care provided by a variety of medical professionals including:
- Private hospitals
- Private consultants and surgeons
- Private GPs
- Dentists
- Cosmetic clinics
- Fertility clinics
- Laser eye clinics
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Common Types Of Private Medical Negligence Claims
There are a wide variety of potential medical negligence compensation claims arising from errors in diagnosis and treatment in the private healthcare sector. Some of the most common are the following:
Cosmetic surgery negligence
- Botched procedures
- Poor surgical technique
- Inadequate aftercare
- Failure to warn of risks
Fertility treatment negligence
- IVF errors
- Embryo mix-ups
- Incorrect medication
- Failure to monitor properly
Laser eye surgery negligence
- Incorrect prescription
- Surgical error
- Failure to assess suitability
Private surgery errors
- Misdiagnosis
- Delayed diagnosis
- Surgical mistakes
- Anaesthetic errors
Can You Sue A Private Hospital Or Doctor?
In short, yes. If a private healthcare provider causes harm through negligent treatment, you can bring a legal claim for compensation.
Who Is Legally Responsible?
Responsibility for the error and the person or organisation that may be ordered to pay you compensation will depend on how your treatment was arranged. In broad terms there are 3 main options;
1. The doctor (consultant)
- Often self-employed
- Personally liable for negligence
2. The hospital or clinic
- May be liable for:
- Nursing staff errors
- System failures
- Sometimes consultant negligence
3. Both
In many cases, claims are brought against:
- The consultant and
- The hospital or clinic
If a consultant provides negligent treatment while practising at a private hospital, then both the consultant and the hospital may be legally liable depending on the circumstances.
The team of highly experienced medical negligence Solicitors here at Bonallack & Bishop will identify the correct defendant or defendants for you at an early stage.
Is Private Medical Negligence Different From NHS Claims?
The legal principles are the same, but there are some practical differences.
The key differences?
1. Who you claim against
- NHS: NHS Trust
- Private: individual doctor and/or clinic
2. Insurance
- Private providers usually have:
- Professional indemnity insurance
3. Records and systems
- Private providers may have:
- Less standardised systems
- Variable record keeping
4. Treatment types
- Private sector includes:
- Cosmetic procedures
- Elective treatments not available on the NHS
The same legal test for negligence applies to both NHS and private medical treatment.
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Winning Your Private Medical Negligence Claim – What Must You Prove?
To succeed in this type of compensation claim, you must prove three elements:
1. Duty of care
You will have to establish that healthcare provider owed you a duty of care. (This is almost always accepted.)
2. Breach of duty
You need to show that the treatment fell below acceptable standards. Under what is known as “the Bolam test”, a doctor is negligent if their actions are not supported by a responsible body of medical opinion.
3. Causation
You also have to prove that the error caused your injury. This can be explained as the “If / Then explanation”. That means if substandard treatment occurred but did not cause harm, then any claim will not succeed.
What if I signed a consent form?
Signing a consent form does not prevent a claim. A patient cannot consent to negligent treatmen
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Examples of private medical negligence claim
There are plenty of examples of compensation claims for clinical errors made against private providers – in broad terms fairly much the same list as you have against NHS providers. But in particular some medical procedures are more common in the private sector. As a result some of the more common examples of potential claims for private medical negligence include the following:
- A cosmetic surgeon performs a procedure incorrectly, causing permanent scarring
- A fertility clinic mishandles embryos
- A private GP misses signs of cancer
- A surgeon operates on the wrong area
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What Compensation Can You Claim?
If your claim succeeds, you may recover compensation for 2 main areas:
General damages
- Pain and suffering
- Loss of quality of life
Special damages
- Loss of earnings
- Cost of corrective treatment
- Travel expenses
- Care and assistance
Compensation aims to restore the claimant, as far as money can, to the position they would have been in had the negligence not occurred.
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Time Limits For Bringing A Claim
It is really important that you do not delay and if you think you have grounds for compensation, that you see a solicitor with a view to starting your claim as soon as possible. If you do not, you risk the possibility of losing your right to compensation entirely.
That is because under the Limitation Act 1980:
- You usually have 3 years to bring a claim
- This runs from:
- The date of negligence, or
- The date you became aware of it
Exceptions
- Children: 3 years from age 18
- Lack of mental capacity: no strict time limit
If a claim is not issued within the limitation period, then it will usually be barred by law.
So don’t delay – contact our specialist solicitors on FREEPHONE on 0800 1404544 for your free no strings attached initial legal advice today.
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No Win No Fee Funding
Most private medical negligence claims are funded using a Conditional Fee Agreement (CFA).
This means:
- No upfront legal fees
- You only pay if your claim succeeds
- A success fee is deducted from compensation
Solicitors at Bonallack & Bishop will explain funding clearly at the outset.
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How The Claims Process Works
Step 1 – Initial assessment
- Review of your case
- Advice on prospects
Step 2 – Medical records
- Obtain and analyse records
Step 3 – Expert evidence
- Independent medical expert opinion
Step 4 – Letter of claim
- Formal allegations sent to defendant
Step 5 – Response
- Defendant admits or denies liability
Step 6 – Negotiation or court proceedings
- Settlement discussions
- Court claim if necessary
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What should you do if you think you have a claim?
1. The 1st piece of advice is very simple – act quickly. Why? That’s because time limits apply.
2. Keep records, because this can provide often essential evidence to prove your claim
- Medical documents
- Photographs
- Receipts
3. Seek legal advice and make sure you get it from specialist solicitors. Early advice improves your chances of success.
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Why Choose Bonallack & Bishop?
- Experienced specialist medical negligence solicitors
- Clear, practical advice
- No win no fee options – So you do not have to worry about paying your legal bill and can focus on your recovery.
- Strong track record in complex claims
Solicitors at Bonallack & Bishop regularly advise clients bringing claims against private healthcare providers, including cosmetic clinics and private hospitals.
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Private Medical Negligence Claim Solicitors – frequently asked questions
Can you sue a private hospital for negligence in the UK?
Yes. A private hospital can be liable for negligence, particularly where the negligence involves its staff or systems.
Can you make a medical negligence claim against a private doctor?
Yes. A private doctor owes a duty of care to their patient. If that duty is breached and causes harm, the patient may bring a claim for compensation.
Who is liable – the doctor or the clinic?
It depends. In many cases, both may be liable.
Is it easier to claim against a private provider than the NHS?
Not necessarily. The legal test is the same, but private providers often have insurance, which can make settlement more straightforward.
How long does a private medical negligence claim take?
Typically, and depending on complexity, a medical negligence claim might take between 12–36 months.
What if I am unsure whether medical negligence occurred?
You can still seek advice. A solicitor can investigate and obtain expert evidence.
What is the time limit for private medical negligence claims?
The usual time limit is three years from the date of negligence or from the date of knowledge under the Limitation Act 1980.

