Suffered Harm From Medical Treatment? You Could Be Owed Thousands.
Clinical negligence occurs when a healthcare professional — whether NHS or private — provides treatment that falls below the standard a reasonably competent practitioner would provide, and that failure causes you harm. The consequences can be devastating: unnecessary pain, prolonged illness, loss of earnings, and in the worst cases, permanent disability or reduced life expectancy.
Scottish Claims Helpline handles clinical negligence claims across Scotland on a no win no fee basis. There is no financial risk to you — you pay nothing unless your claim succeeds.
How Much Could You Receive?
Clinical negligence compensation depends on the severity of harm caused:
| Type of Harm | Typical Award |
|---|
| Minor complications — full recovery within months | £5,000 - £20,000 |
| Moderate injuries with lasting effects | £20,000 - £100,000 |
| Serious injuries — permanent disability | £100,000 - £500,000+ |
| Delayed cancer diagnosis — reduced survival | £50,000 - £250,000+ |
| Catastrophic birth injuries (cerebral palsy, HIE) | £1,000,000 - £20,000,000+ |
Based on Judicial College Guidelines and Scottish case law for pain and suffering only.
That’s not all. Clinical negligence claimants also receive a separate payment for lost earnings, private medical treatment, rehabilitation, care costs and home adaptations. In serious cases these additional payments form the majority of the settlement — birth injury claims in particular can involve millions of pounds in lifetime care costs on top of the general damages award.
Who Can Claim?
Anyone harmed by substandard medical treatment in Scotland can claim — whether the treatment was provided by an NHS hospital, GP surgery, dental practice, private clinic, mental health service or maternity unit. Claims against the NHS are brought against the relevant Health Board. Claims against private providers are brought against the practitioner’s professional indemnity insurer. The legal test in Scotland is the Hunter v Hanley standard (1955 SC 200), which asks whether no professional of ordinary skill would have acted as the defender did. Your solicitor instructs independent medical experts to assess this.
Clinical Negligence Claims — Frequently Asked Questions
The terms are used interchangeably. Both refer to substandard medical treatment that causes harm. “Clinical negligence” is the broader legal term covering all healthcare providers — NHS hospitals, private clinics, GPs, dentists and other practitioners.
Clinical negligence compensation varies enormously. Minor complications: £5,000-£20,000. Moderate injuries with lasting effects: £20,000-£100,000. Serious injuries or delayed cancer diagnosis: £100,000-£500,000+. Catastrophic birth injuries: £1 million to £20 million+. Most claimants also receive additional payments for lost earnings and care costs.
The Hunter v Hanley test (1955 SC 200) is the Scottish legal standard. It requires showing that: (1) there was a usual and normal practice; (2) the defender did not follow that practice; and (3) no professional of ordinary skill would have acted as the defender did. It is the Scottish equivalent of the English Bolam test.
Yes. Private hospitals, clinics and individual practitioners can be sued for clinical negligence in exactly the same way as NHS Health Boards. Claims are typically brought against the clinic’s or practitioner’s professional indemnity insurer.
3 years from the date you knew (or should have known) that your injury was caused by negligent treatment, under the Prescription and Limitation (Scotland) Act 1973. This knowledge date is often later than the treatment itself.
Your solicitor will obtain your complete medical records and instruct independent medical experts to review them. The experts assess whether the treatment fell below the Hunter v Hanley standard and whether the substandard treatment caused your injury. You do not need to gather this evidence yourself.
How Do I Start My Claim?
It takes 2 minutes. Fill in our short form and one of our specialist Scottish solicitors will call you back at a time that suits. They will listen to what happened, tell you straight away if you have a claim, and explain exactly how much you could receive — all completely free and with no obligation. If you decide to go ahead, everything is handled for you on a no win no fee basis from start to finish. You pay nothing unless you win.
About this page: Written by
David Gildea, Scottish Claims Helpline. Last reviewed: March 2026. Scottish Claims Helpline is authorised and regulated by the Financial Conduct Authority (
FRN 830381).