Medical Negligence Claims in Scotland

Clinical negligence occurs when a healthcare professional provides treatment that falls below the standard expected of a competent practitioner, and that substandard care causes harm. These are complex cases that require specialist expertise.

What Is Clinical Negligence?

Clinical negligence (sometimes called medical negligence) is not simply an unfavourable outcome — medicine carries inherent risks. A claim requires demonstrating both that:

1. The standard of care fell below that of a reasonably competent practitioner (breach of duty), and
2. That breach caused your injury or worsened your condition (causation)

Examples of Clinical Negligence

• Misdiagnosis or delayed diagnosis
• Surgical errors or wrong-site surgery
• Medication errors or incorrect prescriptions
• Failure to obtain informed consent
• Substandard post-operative care
• Birth injuries to mother or child

Who Can Be Claimed Against?

Claims can be brought against NHS Scotland boards, GP practices, dental practices, private hospitals, and individual practitioners.

Time Limits in Scotland

The Prescription and Limitation (Scotland) Act 1973 generally allows 3 years from the date you became aware (or ought to have become aware) that your injury may have been caused by negligent treatment. Given the complexity, early advice is strongly recommended.

Specialist Solicitors

Our partner firm has access to specialist clinical negligence solicitors and medical experts. Cases are handled under a speculative fee agreement where possible.