NHS Resolution reported that between 2023 and 2024, there were a total of 13,382 clinical negligence claims resolved, increasing from 13,552 in 2022 and 2023. Most of these claims can be settled outside of court; however, if you have suffered harm from receiving substandard care, you could have the grounds to make a claim against the NHS.

Our guide today will explore how you may be eligible to make a claim against the NHS and explain how a solicitor could help you do so. We will then discuss where your compensation may be paid from in successful claims, as well as expanding on the time limit you have to start a claim.

Read on to learn more about how to claim against the NHS, or using the details below, you can contact our advisors to discuss your potential case.

Contact Us

You can reach our friendly advisors by:

• Calling us on 0113 460 1216
• Fill out our online claim form 

Jump To A Section 

1. How To Claim Against The NHS For Medical Negligence
2. The Benefits Of Claiming Against The NHS With A Solicitor
3. What Is The Role Of NHS Resolution?
4. The Average NHS Compensation Amounts
5. How Long You Have To Make An NHS Medical Negligence Claim
6. The Evidence You Will Need To Support Your Claim Against The NHS
7. No Win No Fee NHS Medical Negligence Claims
8. Frequently Asked Questions
9. More Information

How To Claim Against The NHS For Medical Negligence

If you are wondering how to claim against the NHS, your case must satisfy the requirements for medical negligence. For you to meet the eligibility criteria, we must be able to prove the following:

• A medical professional owed you a duty of care
• The medical professional breached this duty of care 
• You suffered harm which was avoidable and unnecessary as a result of the breach

In essence, the duty of care that is owed to you is that all medical professionals who treat you must do so by providing a level of care that meets the standard expected of them in their role. 

What Is The Claims Process?

As well as ensuring you are eligible to make a claim, the process itself includes the following steps:

1. Receiving medical treatment for the harm you have suffered
2. Instructing a solicitor to help you start your medical negligence claim
3. Evidence gathering to support and strengthen the basis of your case
4. Filing a formal complaint against the NHS (we discuss this in depth further on in the guide, although it is not essential, it can strengthen your claim validity)
5. Pre-Action Protocol, where guidance is outlined to both parties before litigation
6. The negotiation stage is where a settlement offer may be discussed

As we have explored, most clinical negligence claims will reach the negotiation stage where a settlement amount can be agreed on or negotiated. Our panel of solicitors are experts in medical negligence claims against the NHS, and it is not favourable for either party to have to go to court to settle the case.

If you would like a free claim validity check, you can call our friendly advisors, who will be happy to explore this with you.

The Benefits Of Claiming Against The NHS With A Solicitor

There is a range of different benefits from choosing to instruct legal representation. The solicitors on our panel are experts who can assist you in understanding the claims process altogether and offer support and legal advice.

We know that having experienced harm as a result of NHS medical negligence can feel isolating and challenging. That’s why our panel of solicitors are committed to supporting you through each step of your case, whether this be developing a recovery plan that suits your needs or advocating on your behalf to achieve a suitable settlement amount. 

By choosing to work with a solicitor from our panel, you can expect:

• Regular, clear updates about your claim 
• Help with gathering supporting documents to act as your evidence
• Arrangement of an independent medical assessment if necessary
• Negotiation of your settlement amount to ensure it accurately reflects the harm you have experienced

As well as this, our panel of solicitors have years of combined knowledge and experience, ensuring they have the expertise needed to support clients just like you throughout the claims process.

 

What Is The Role Of NHS Resolution?

NHS Resolution is the arms-length branch of the Department of Health and Social Care. They are responsible for managing and litigating claims made against the NHS. 

They have four key service areas, which are:

• Claims management – handling both clinical and non-clinical claims 
• Practitioner Performance Advice – providing expert advice and exploring the performance of doctors, dentists and pharmacists
• Primary Care Appeals – a non-biased resolution service for handling primary care contracting disputes 
• Safety and Learning – discussing ways to improve and avoid claims from arising

Settlements are paid out by NHS Resolution in successful NHS medical negligence claims. 

If you have any questions about how to claim against the NHS and the role that NHS Resolution has, contact us today. Our advisors will be happy to discuss this with you. 

The Average NHS Compensation Amounts

To get the average NHS compensation figures, you would need to find the total number of claimants and divide this number by the total amount paid out by NHS Resolution in any given time span. A more useful way of working out what you could be owed would be to learn the different factors that apply when valuing claims (these factors also apply when making a claim against a private healthcare provider).

In successful claims, your compensation can be made up of two heads of loss:

• General damages, which are compensation for your pain, suffering and any loss of amenity. If, for example, the harm you have suffered has affected your quality of life, this will be assessed in your general damages.
• Special damages, which are compensation for the financial implications or losses caused by your harm. This can include things such as loss of earnings, travel costs and even childcare costs. 

Below, we have attached a table showing brackets of compensation taken from the Judicial College Guidelines. This is a framework offering types of harm or injury, and compensation brackets that could apply to each. This document can be used by solicitors when calculating compensation. Please note that the top figure hasn’t been taken from the JCG. Please also be aware that these figures are suggestive, and not a guarantee of compensation. 

Injury	Notes	Compensation Guideline
Multiple Serious Forms of Harm and Special Damages	Various different forms of harm as well as special damages such as childcare costs or loss of earnings	Up to £1,000,000+
Injuries Involving Paralysis Tetraplegia (also known as Quadriplegia)	The award in such cases is affected by the injured party's awareness, pain and life expectancy and whether they've retained powers of speech, sight and hearing.	£396,140 - £493,000
Injuries Involving Paralysis Paraplegia	The following factors might impact the amount awarded: impact on sexual function, age and life expectancy, and the presence and extent of pain .	£267,340 - £346,890
Brain Injury Very Severe	Factors that will affect the amount of compensation can be the extent of any behavioural problems, the level of physical limitations and life expectancy	£344,150 - £493,000
Kidney Injury a)	Serious and permanent damage or loss of both kidneys.	£206,730 - £256,780
Bladder Double Incontinence	Loss of bladder and bowel function paired with other medical complications.	Up to £224,790
Reproductive System Female a)	Sexual dysfunction, infertility, severe depression and anxiety .	£140,210 - £207,260
Reproductive System Male Total Loss of Reproductive Organs	The following factors will be assessed when an amount is being calculated: - Medical complications - Pain and sexual dysfunction - Whether the individual has had children.	In excess of £187,790
Back Injury Severe (i)	Damage to the nerve endings and spinal cord, the most severe back injuries will fall into this bracket.	£111,150 - £196,450
Chest Injuries (a)	Removal of one lung or serious heart damage, with prolonged pain and suffering.	£122,850 - £183,190

How Long You Have To Make An NHS Medical Negligence Claim

Generally, you have 3 years to start an NHS medical negligence claim. This time limit runs from either:

• The date that the negligence occurred
• The date that you realised that negligence occurred (or would have been expected to realise). 

This time limit is established by the Limitation Act 1980. The act also lays out two exceptions where the time limit slightly differs:

• For claimants who are under 18 at the time of the harm, their time limit will run from the date of their 18th birthday until the date of their 21st birthday. This is because a minor is unable to claim for themselves.
• Claimants who are mentally incapacitated can’t claim on their own behalf. Their time limit will resume if the claimant recovers this capacity. The time limit would run from the date of recovery. 

In both of these circumstances, someone can act as a litigation friend. This is where you can claim on behalf of either a vulnerable person or a minor. You can be appointed as a litigation friend or alternatively, a solicitor from our panel could help you to apply to act in this role.

If you are unsure whether your claim would still fall within the time limit, or are wondering how to claim against the NHS on somebody else’s behalf, you can contact us today, and our advisors will be happy to discuss this with you.

The Evidence You Will Need To Support Your Claim Against The NHS

An important step in any medical negligence claim is gathering evidence. This could be documentation that helps to demonstrate how the healthcare professionals acted negligently, and ultimately how you suffered the harm that you experienced. Evidence can help to support your claim and increase the likelihood of a successful case.

Evidence in medical negligence claims could include:

• X-rays, scans or test results
• Any correspondence between you and the healthcare professionals who treated you 
• Copies of any prescriptions you are currently taking 
• Your medical or GP records to highlight your medical condition and the extent of the harm suffered
• A diary or description of the pain and suffering caused by the harm 

As part of the services offered by Medical Negligence Claims Care, a solicitor from our panel could assist you in compiling this evidence, so please don’t worry if you haven’t got these documents together.

Will I Need To Take The NHS To Court?

It is possible to take the NHS to court, but the majority of cases can and will be settled out of court. NHS Resolution reported that in 2024,  81% of clinical claims were resolved without the need for litigation. 

Cases may require court action if either the NHS denies liability or a settlement amount can’t be reached. Our panel of solicitors encourage both negotiation and mediation to avoid the need to attend court.

Our panel works tirelessly to achieve a settlement amount that accurately represents the harm you suffered from experiencing medical negligence. If you’re wondering how to claim against the NHS, contact us today to explore more and see how we could help you get started. 

No Win No Fee NHS Medical Negligence Claims

Our panel of expert solicitors work on a No Win No Fee basis, through the use of a contract called a Conditional Fee Agreement. What this means is that you wouldn’t have to pay any upfront fees for your solicitor’s work or any of these fees to progress your claim. 

If your claim was successful, then a small percentage of your compensation will be deducted, but it is limited in line with the Conditional Fee Agreements Order 2013 to ensure you receive the bulk of your compensation. However, if your claim were unsuccessful, then you wouldn’t be required to pay for our panel’s legal services.

Contact Our Team

To discuss how to claim against the NHS or another healthcare provider, or if you have any questions at all, you can contact our friendly advisors by:

• Calling us on 0113 460 1216
• Fill out our online claim form 

Below, we explore the most commonly asked questions about NHS medical negligence claims:

Do I Need To Have Logged A Complaint To Make An NHS Claim?

It isn’t a requirement to have logged a formal complaint with the NHS to make a compensation claim for medical negligence. However, a complaint can help act as supporting evidence, but it is not a necessity for starting your NHS medical negligence claim. 

You can begin a compensation claim with support from the  Medical Negligence Claims Care panel if you’ve suffered harm due to medical care that was negligent.  Call us today for a free case validity check. 

 What If The NHS Referred Me To A Private Hospital?

You are still able to make a claim against the NHS even if you have been referred to a private hospital. The difference is whether you would be claiming against the private healthcare professionals or whether it would be against the NHS.

If the private institution is covered by NHS Indemnity Insurance, then you could still make a claim against the NHS.

Whereas, if they aren’t covered by NHS Indemnity insurance, then a medical negligence claim can be made against the private company, rather than against NHS Resolution.

Will A Claim Negatively Impact The NHS Budget?

No, as all claims are managed by NHS Resolution, which has its own budget funded by other NHS trusts, rather than the main NHS budget. What this means is that payouts for successful claims against the NHS come from the NHS Resolution’s funds, not from allocated funds for healthcare services.

Will I Still Be Able To Access NHS Treatment If I Claim?

You will still be able to access NHS treatment even if you start a claim. You cannot legally be denied treatment, as making a claim for medical negligence does not disqualify you for treatment. 

Will The NHS Professional Who Treated Me Lose Their Job?

NHS claims are made against the specific NHS Trust or organisation that is responsible for the negligent treatment, rather than against the individual healthcare professional. 

The NHS professional who treated you might be subject to investigations, disciplinary actions or even sanctions from the General Medical Council. 

Will My Claim Stop NHS Negligence Happening To Someone Else?

Making an NHS claim might encourage and promote positive change within the NHS, but it doesn’t prevent negligent treatment.  Claims do, however, bring attention to areas that might need improvement, and they can highlight weak points to medical professionals. 

More Information

Why not read our other guides on:

• How to make a cerebral palsy claim 
• Misdiagnosed cancer claims
• How to make a hip replacement negligence claim 

Useful External Resources

• How to make a complaint against the NHS
• Learning from medication errors from NHS Resolution 
• How to apply for statutory leave and time off 

Thank you for reading our guide on how to claim against the NHS.

Are you wondering how to prove medical negligence in a compensation claim? Perhaps you underwent a procedure or received treatment from a medical professional that caused you harm. If you can prove that they failed to meet the standards expected, you could be owed compensation for the pain, suffering and financial losses you’ve incurred.

This guide will start by explaining the basis for proving that medical negligence occurred. We then explain how a solicitor from our panel could help you put your claim together in a way that doesn’t add to your financial burden right now. They can provide their services through a type of No Win No Fee contract, and we detail the many advantages of that below.

We’ll discuss causation and what evidence is needed to show that negligence on the part of the healthcare provider was the cause of your harm. Approaching a medical negligence claim may seem daunting and complex. Our hope is that after reading this guide, you’ll feel more confident about proving your claim and seeking the compensation you deserve.

Please read on to learn more about how to prove medical negligence, or if you’re eager to discuss your claim in person, you can:

• Contact our advisory team now by calling 0113 460 1216.
• Take advantage of our free medical negligence case assessment and contact us online.

Frequently Asked Questions 

1. How To Prove Medical Negligence
2. How A Solicitor Can Help You To Prove Medical Negligence
3. Instructing The Right Expert To Support Your Claim
4. What Is Needed To Prove Causation?
5. Evidence To Prove The Losses That You Suffered
6. How Hard Is It To Prove Medical Negligence?
7. Get Help Proving Your Claim From Medical Negligence Claims Care
8. Learn More

How To Prove Medical Negligence

The basis of proving that you suffered harm due to medical negligence is evidence. Some medical conditions can deteriorate and worsen despite receiving the best levels of care. So whether it’s an NHS provider or a private medical professional, you need to prove the following in order to have a valid claim for medical negligence compensation:

• You were owed a duty of care by a registered healthcare provider at the time you were harmed.
• The provider failed to meet the standards expected of a competent medical professional.
• You suffered avoidable or unnecessary harm as a result. This is harm that you would not have suffered had you received the correct healthcare.

Meeting all three of these criteria forms the foundation of a valid compensation claim for medical negligence.

Evidence

There is evidence that you can gather to prove a claim of medical negligence. It should show that a duty of care was breached and that because of this sub-standard health care, you suffered harm. For example:

• Copies of your medical records that detail any delayed diagnosis, incorrect treatment and prognosis given to you. X-rays, blood test results and the findings of specialists could all help.
• Any correspondence with the NHS or private clinic about the negligence or never event that involved you. (Never events are instances where patient safety is so seriously impacted that they should never occur under any circumstances. For example, leaving a surgical tool inside a patient after a procedure).
• Photos of the visible signs of harm, such as scarring from surgical negligence.
• The contact details of others who may have witnessed you receiving negligent care, such as family members or other healthcare providers in the room. If you go ahead and appoint a solicitor to represent you, they will approach these witnesses and get a statement that could bolster your claim.
• Proof of any related prescription errors, such as paperwork from the pharmacy.
• A personal record of your treatment and state of mind. This provides a useful timeline and permanent record for you.

The solicitors on our panel are experts in helping people claim the compensation they are owed. To determine if your claim is eligible for their assistance, please speak with our advisors. They can assess your claim for free or answer any questions you have about how to prove medical negligence claims.

How A Solicitor Can Help You To Prove Medical Negligence

The solicitors on our panel offer a wealth of services to help you prove medical negligence and seek compensation. They can:

• Arrange an independent medical assessment at a place and time that suits you. The report this generates can act as solid medical evidence in your claim. It can also help ensure your treatment and rehabilitation needs are met.
• Gather other supporting evidence that proves how the negligence has impacted you now, or will in the future (such as lost future earnings).
• Ensure that a thorough compensation total is calculated for you.
• Draft the Letter of Claim, which is part of the Pre-Action Protocol required for starting the medical negligence claims process.
• Make sure that any and all court-imposed deadlines or time limits for your claim are met.
• Help select the right barrister to represent you if the claim needs to go to court.
• Directly negotiate the final settlement with NHS Resolution (the body that awards compensation settlements for negligent NHS treatment) or the private healthcare provider involved.

In addition to these benefits, our panel of solicitors provides clients with regular updates about their claims and can clarify any complex legal jargon that may arise. While they work tirelessly to achieve the best results, you can feel confident that your claim is in safe hands and focus on your recovery. Call to see if they can help you prove medical negligence claims today.

Instructing The Right Medical Expert To Support Your Claim

In most medical negligence claims, the findings of an expert will be needed. This is because their opinion can give a clear and precise idea of the harm caused, as well the future prognosis and rehabilitation needs indicated. They can also help determine whether a comparable professional would have acted in the same way when treating you.

Our panel of solicitors can connect you with an independent medical expert who will provide a clear and thorough snapshot of the harm you’ve experienced. Contact our advisory team now, and they can further reassure you about the best way to prove medical negligence claims.

What Is Needed To Prove Causation?

To prove causation in medical negligence claims, the claimant must show that a healthcare provider breached their duty of care. Two main ways determine this:

• Factual causation in a medical negligence claim is also known as the ‘but for’ causation. In other words, the question is asked, ‘But for the negligent act, would the patient’s harm have happened anyway?’ If the harm would have occurred regardless of what the healthcare provider did, factual causation is not established.
• Medical causation refers to the link between a healthcare provider’s breach of duty of care and the way this created or worsened the patient’s harm. If additional incorrect treatment occurs, or there were other independent acts or omissions taking place with the patient, this can be classed as a ‘break’ in the chain of causation. This could alter the strength of the claim against the original medical professional involved.

Following a landmark case, a test known as the Bolam Test is used to determine whether a medical professional has failed to meet the standards expected in their area of medicine. A group of the medical professional’s peers could examine the treatment provided to help determine if negligence occurred. The results of the Bolam Test can help determine causation.

To help understand the complexities of factual or medical causation, speak to our advisory team. They can direct eligible claimants to a medical negligence lawyer from our panel and benefit from their expert legal advice.

Evidence To Prove The Losses That You Suffered

Medical or clinical negligence claims that are successful typically draw on two areas, referred to as general and special damages. General damages apply a monetary amount to compensate the person for their pain and physical suffering. Special damages acknowledge the financial harm caused by the medical negligence.

General damages amounts can also be calculated for the following:

• The severity of the harm experienced.
• The degree of psychological anguish caused.
• The duration of the recovery.
• Impact on a person’s daily activities, such as their ability to continue working, care for themselves, or enjoy hobbies (loss of amenity).
• The prognosis for the future and what ongoing treatments or long-term disability might mean for them.

To include special damages as part of the claim, you need to put forward evidence that proves associated loss or expense. Some examples of evidence include:

• Bank statements, payslips and invoices that prove you incurred costs dealing with the consequences of the negligent treatment.
• Receipts or invoices for any domestic care that others had to give you. This can include the cost of time given up by family and friends (gratuitous care).
• Invoices or statements that prove the costs associated with making adaptations in your home or vehicle to deal with a permanent disability.
• Travel expenses to essential appointments.
• Prescription charges and proof of the cost of any medical aids.
• Evidence that private medical care was needed to remedy the harm caused.

Evidence like this acts as a solid foundation for medical negligence compensation claims. If you’d like free advice on how to use your evidence to prove a medical negligence claim, please speak to our advisory team using the contact options above.

How Hard Is It To Prove Medical Negligence?

Proving medical negligence can be quite complex and depends on the specific circumstances of each case. But you don’t have to face it alone. If your claim appears eligible, our team of advisors can connect you to one of the medical negligence solicitors on our panel. By drawing on their decades of expertise with claims like this, they can expertly handle the entire process from start to finish. Its easy to learn more when you get in touch. The call is free and there’s no obligation attached.

Get Help Proving Your Claim From Medical Negligence Claims Care

The solicitors on our panel can offer their expert services through a type of No Win, No Fee contract. They provide a Conditional Fee Agreement (CFA), which means the person claiming can pursue a compensation claim with the following benefits:

• You won’t need to pay anything at the beginning of the claim or during its course.
• There are no solicitor’s fees to pay for their time and services if the claim is unsuccessful.
• A success fee needs to be paid if the claim is successful, but the percentage that is taken is capped by the Conditional Fee Agreements Order 2013, as well as agreed upon in advance with your medical negligence solicitors.
• Successful claims like this mean the person seeking compensation can keep virtually all of their medical negligence pay out.

Starting a compensation claim for negligent medical treatment in this manner helps mitigate financial risk. Why not start by speaking with our advisory team to determine if your claim qualifies today?

Contact Our Advisors

• Contact us with any questions about your medical negligence case by calling 0113 460 1216.
• Take advantage of our free case assessment and contact us online.

Learn More

As well as the information in this guide about how to prove medical negligence claims for compensation, these other links from our website offer further useful reading:

• This guide examines how to claim compensation if you’ve undergone unnecessary surgery.
• Here you can read about medical misdiagnosis claims.
• Also, read about claims for medical negligence in private hospitals.

External information

• Here is information about professional standards expected by the General Medical Council (GMC).
• Also, read about getting copies of your medical records.
• Lastly, this resource looks at patient safety in the independent sector.

To close, thank you for reading our guide on how to prove medical negligence. Our dedicated advisors are available now to address any remaining questions or concerns you may have.

If someone suffers harm due to negligent medical care, they may make a medical negligence claim. However, not all those harmed may be able to claim on their own behalf. Where a claimant is considered a protected party and can not manage their own legal affairs, either due to being a minor (under 18) or due to lacking the necessary mental capacity, a litigation friend may help them to claim compensation. But, what is a litigation friend?

In this guide, we answer the question “what is a litigation friend”, explaining their role in helping protected persons to claim compensation. Our guide contains information on when a litigation friend may be needed, who could be appointed to act as one and what responsibilities they have. Additionally, there is information on how the claims procedure works and how a solicitor may help.

Learn more about claiming on behalf of someone else by,

• Phoning an advisor on 0113 460 1216
• Or clicking here to contact us via our online form.

Jump To A Section

• • What Is A Litigation Friend?
  • In What Circumstances Is a Litigation Friend Necessary?
  • Court Of Protection
  • Can Anyone Act As A Litigation Friend?
  • A Litigation Friend’s Responsibilities
  • What’s The Litigation Friend Procedure?
  • Can Litigation Friends Impact The Success Of A Claim?
  • To Become A Litigation Friend, Will I Need A Solicitor?
  • More Information

What Is A Litigation Friend?

A litigation friend is someone appointed by the court and who acts on behalf of a child or other protected party during a compensation claim. Acting on behalf of a protected party, their role may be to conduct legal proceedings and make decisions with the person’s welfare in mind.

Later in this guide we will look at who could act as a litigation friend. Vulnerable or protected parties include:

• Those under the age of eighteen, legally considered minors.
• Those who lack the mental capacity to claim. This capacity is assessed in line with the Mental Capacity Act 2005.

A litigation friend may work with a No Win No Fee solicitor on the claim and may need to conduct court proceedings, advocating for the person’s views and best interests.

Learn more about how to claim for another person by discussing your case with an advisor.

In What Circumstances Is a Litigation Friend Necessary?

If a claimant lacks the capacity to conduct or manage their case independently, it may become necessary for a litigation friend to become involved in legal proceedings. This may occur where the individual lacks the ability to understand or make decisions related to their case.

Children under the age of eighteen are legally considered minors and thus deemed to lack the capacity to conduct legal proceedings on their own behalf. In cases involving minors, a litigation friend is required to act on their behalf. For example, a parent or other family member could act as a litigation friend if a child suffered a birth injury, such as Erb’s palsy.

A litigation friend may be appointed to act on behalf of an adult where mental illness, disability or cognitive impairment prevents the person harmed from being able to do so. For example, a serious medication error could lead to someone suffering a serious brain injury and being unable to conduct proceedings on their own behalf.

For those over the age of eighteen, mental capacity may be assessed under the aforementioned Mental Capacity Act 2005. Any assessment may need to take into consideration the individual’s ability to comprehend details of the case, make decisions and communicate these effectively to a solicitor or other party.

In either instance, the appointment of a litigation friend helps to ensure the rights and interests of the individual harmed are represented.

Find out more about the circumstances in which you could act as someone’s litigation friend by speaking to an advisor.

Court Of Protection

Where individuals have been left unable to make decisions for themselves, such as due to meningitis negligence or a delayed diagnosis of a stroke resulting in a brain injury, the Court of Protection may need to take action on their behalf.

The Court of Protection is a specialist court. It was established by the Mental Capacity Act with the purpose of making decisions on behalf of those who lack the mental capacity to do so themselves.

These decisions may cover matters ranging from health and welfare arrangements to finances and care. The Court of Protection may be responsible for decisions relating to,

• When someone has the capacity to make their own decisions.
• Who can become a deputy and appoint them.
• Applications where decisions must be made urgently.

The court should take the vulnerable person’s wishes into account before making a decision in their best interests and safeguarding their rights. Where there is not a suitable friend or family member to act as a litigation friend, the Court may instead appoint the Official Solicitor to act on the individual’s behalf.

By taking action where necessary, the Court of Protection can play a vital role in protecting the rights of adults lacking mental capacity to claim themselves. Find out more about when a case may be referred to the court by speaking to one of our advisors.

Can Anyone Act As A Litigation Friend?

Whilst a close friend or family member may often act as a litigation friend, anyone can do so as long as they are able to fulfil the role in a fair and competent manner. As someone’s litigation friend you may be asked to conduct court or other legal proceedings.

Parties who could act as a litigation friend include,

• Parents, guardians and other family members.
• Professional advocates, such as an independent mental capacity advocate.
• Personal injury solicitors.
• Court of Protection Deputies.
• Those with power of attorney.

In order for a litigation friend to be appointed, the proposed candidate must meet certain suitability criteria. The court will need to be satisfied that there are no conflicts of interest and that they can make fair and competent decisions.

In certain circumstances, there may not be any suitable adults who can act as a litigation friend. This is where the case may be taken up by the Official Solicitor. There will need to be funds available to meet the Official Solicitor’s costs. If the individual harmed is an adult, a medical professional must confirm that they lack the capacity to manage their own case.

If you wish to act on behalf of someone else in their claim, such as on behalf of a mother harmed by maternity negligence, you may request to do so or be appointed by the court. Our team could provide advice as to who could make a claim.

A Litigation Friend’s Responsibilities

As already outlined, the litigation friend is responsible for representing the individual harmed in their claim. Duties and responsibilities may include,

• Being able to competently conduct proceedings on behalf of the person harmed.
• Receive legal documents and updates from the solicitor working on the case.
• Providing instructions to the solicitor in line with the claimant’s wishes.
• Updating the claimant about the court case, informing them of any progress and conveying their wishes to the court.
• Paying costs as and when ordered to do so by the courts.

One of our advisors could provide more information on the responsibilities of a litigation friend.

What’s The Litigation Friend Procedure?

A solicitor from our panel could help you to apply to be a child or protected party’s litigation friend. To make a successful application, you will need to:

1. File a certificate of suitability in which you explain your suitability for the role. This must be filed with the court prior to you acting on behalf of someone else.
2. If applying to act for a protected party, a copy must be sent to their carer, legal deputy, attorney, or the person. If applying to act for a child, such as in a cerebral palsy claim, you must send a copy to their parent, guardian or carer.
3. File a certificate of service, which confirms how the certificate of suitability was sent and to whom.
4. Send both certificates and the claim to the court.

If you are already the person’s legal deputy, you should provide the court with the relevant court order. You will not need to complete the steps above.

When Will A Litigation Friend Stop Acting On Behalf Of The Claimant?

The responsibilities of a litigation friend will usually end following the resolution of the court case. However, this does not always happen.

• If you are acting on behalf of a child your responsibilities may extend beyond the end of the claims procedure. Money awarded to under-18s may be placed in a Court Funds Office (CFO) account. In this case, you will need to remain as a point of contact for the account till the child turns eighteen, or the funds are paid out.
• Where an adult who did not have the capacity to act in their own interest gets or recovers the capacity to do so.
• You may step down from the position voluntarily if another party applies to take over your role in the claim.

Get in touch with an advisor to find out more about the process of acting as someone’s litigation friend.

Can Litigation Friends Impact The Success Of A Claim?

In most instances, the use of a litigation friend will not fundamentally impact or affect the compensation claims process. However, the involvement of a litigation friend does ensure that the court approves the compensation settlement. Having a litigation friend can also safeguard and protect the interests of the claimant.

Please talk to one of our advisors if you have any concerns about how being appointed as a litigation friend may impact a case.

To Become A Litigation Friend, Will I Need A Solicitor?

You do not need to work with a solicitor in order either to make a claim on your own behalf or to act as a litigation friend. However, we believe that there are benefits to claiming with a specialist medical negligence solicitor from our panel.

A solicitor could help you with steps such as applying to become a litigation friend, collecting evidence to support a claim and filing the case with the court. In addition, they could help you through a Conditional Fee Agreement. This is a type of No Win No Fee claim under which you will only pay for your solicitors work in the event a case is successful, if it isn’t, there will be nothing to pay. If the claim is successful your solicitor will deduct a small percentage as a success fee. This is capped under law.

Contact Medical Negligence Claims Care

Talk to one of our trained advisors today. They could evaluate your case and determine whether you have a valid claim. If so, they could connect you with one of our panel of No Win No Fee medical negligence solicitors.

• Get help by calling 0113 460 1216
• Click here to contact us using our online form.

More Information

In this final part of the guide, you can find more information about how a solicitor could help you.

• You can find examples of payouts for birth injury settlements in this guide.
• Read more about claiming for a never event in this guide.
• Find out how to claim for medication errors by a hospital in this guide.

Below, you will find resources relevant to claiming on behalf of another person.

• This NHS meningitis guide contains further information on how this condition could impact both children and young adults.
• Find out more about the role of independent mental capacity advocates in this government guide
• Here you can find the civil procedure rules relevant to litigation friends.

We hope our guide has answered the question, “what is a litigation friend?” Contact us for further help.