Clinical negligence barristers
When medical treatment goes wrong, the questions are technical and the stakes are high. A clinical negligence barrister helps establish what should have happened, what difference it would have made, and what the claim is worth.
What a clinical negligence barrister does
Clinical negligence barristers advise on and argue claims arising from medical treatment by hospitals, GPs, dentists, nurses, midwives, opticians, pharmacists and private clinics. They act for patients and families, usually through their solicitors, and for NHS Resolution, medical defence organisations and private healthcare providers.
A clinical negligence claim has to prove two things. First, breach of duty: that the care fell below the standard of a responsible body of practitioners in that field. Second, causation: that the breach caused the injury, rather than the underlying condition. Causation is often the harder of the two, and it is where specialist counsel adds most value.
Counsel works closely with medical experts, testing their reasoning, identifying the right questions and making sure the evidence fits the legal tests. They advise on merits and quantum, draft and settle pleadings and schedules of loss, attend experts' conferences and joint settlement meetings, and represent clients at trial.
Common clinical negligence cases
Delayed or missed diagnosis
Cancer, sepsis, stroke, fractures and cauda equina syndrome, where earlier treatment would have changed the outcome.
Surgical errors
Avoidable damage during surgery, wrong-site procedures and poor post-operative care.
Birth injury
Brain injury, cerebral palsy and maternal injury, often the highest-value claims in this field.
Consent
Failure to warn of material risks or reasonable alternatives, following Montgomery v Lanarkshire.
Medication and prescribing errors
Wrong drugs, wrong doses and missed interactions in hospital, GP and pharmacy settings.
Fatal claims and inquests
Claims by families after a death, often following an inquest where counsel can also represent them.
Time limits and how claims progress
Clinical negligence claims must normally be issued within three years of the negligent treatment, or of the date you first knew the injury was significant and might be due to the treatment. For children the period starts at 18, and there is no limit while a person lacks capacity.
Under the pre-action protocol, the claimant obtains medical records, instructs independent experts and sends a letter of claim. The defendant then has four months to respond. Many claims are admitted or settled at this stage, sometimes after a meeting with the trust. If not, proceedings are issued, experts in each discipline meet to narrow the issues, and the case is listed for trial.
Where a death occurred, an inquest often comes first. Instructing counsel for the inquest can help secure the evidence and findings that shape the later claim.
Funding a clinical negligence claim
Most claimant cases are funded by conditional fee agreements with after-the-event insurance, and claimants benefit from qualified one-way costs shifting. Many clinical negligence barristers accept conditional fee instructions from solicitors. Legal aid remains available for some birth injury claims.
Where counsel is instructed privately, for example for an independent view on merits or an offer, written advice typically starts from around £1,500 to £3,000 plus VAT given the volume of medical evidence. Conferences with experts and joint settlement meetings usually start from around £1,000 to £2,000, and a one-day hearing from around £2,500 plus VAT for experienced junior counsel. Fees are agreed in writing first.
Instructing a clinical negligence barrister
Solicitors can contact us for available counsel at the right level for the claim. Patients and families can instruct directly under the Public Access scheme for an independent opinion, advice on an offer, or representation at an inquest, though full clinical negligence litigation usually needs a solicitor to manage records and experts.
Send us a summary, key dates and any letters you have received. We will match you with suitable counsel and send a written fee. Clerk & Counsel is an intermediary and clerking service; panel barristers are independent and regulated by the Bar Standards Board.
Before you contact us
Request copies of the relevant medical records as early as possible, since they take time to arrive and are the foundation of any claim. Keep a timeline of appointments, symptoms, what you were told and by whom, and any complaint correspondence with the trust or practice. If there has been an investigation or a patient safety report, keep a copy. If a death occurred, note the inquest dates. With those documents, counsel can give an initial view on whether expert evidence is likely to support breach and causation, and whether the claim is worth pursuing, before significant costs are spent on experts.
Common questions
How long do I have to bring a medical negligence claim?
Usually three years from the treatment or from when you knew the injury might be due to it. For children, the three years start at 18.
Can I instruct a clinical negligence barrister directly?
Yes, for advice, a second opinion or inquest representation. Full litigation usually works best with a solicitor managing records and experts.
What is the difference between breach and causation?
Breach means the care fell below an acceptable standard. Causation means that breach actually caused the injury. Both must be proved.
Do clinical negligence barristers work on no win no fee?
Many do when instructed by solicitors under a conditional fee agreement. Private advice is usually on an agreed fixed fee.
How much does a clinical negligence barrister cost?
Private written advice often starts from around £1,500 to £3,000 plus VAT and a one-day hearing from around £2,500 plus VAT. Fees are agreed in writing first.
Clerk & Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. Barristers instructed through Clerk & Counsel are independent legal professionals regulated by the Bar Standards Board and are responsible for the legal services they provide. It is free to submit an enquiry; if you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's professional fee before you decide.
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