5 Minute Read

Many people in England hold back from taking legal action, even when they believe their medical care has gone badly wrong. The idea of starting a medical negligence claim can be overwhelming, particularly when it means challenging the actions of doctors, nurses or other healthcare staff.

Our clinical negligence team recognises why people may feel unsure about taking the next step. In this article, we look at some of the main reasons individuals hold back from making a claim, along with key things to keep in mind if you’re facing a similar situation.

Concerns about legal costs

It’s perfectly natural to be concerned about the potential cost of making a medical negligence claim. The idea of costly expert reports, medical assessments and complex investigations can lead many to assume the process will be unaffordable.

In reality, most reputable law firms, including Askews Solicitors, offer flexible ways to fund your claim and will be upfront about the options from the outset. Depending on your circumstances, you may even be eligible for Legal Aid or conditional fee arrangements (No Win No Fee), which can ease much of the financial pressure.

We would discuss this with you in detail before you commit to anything.

Emotional impact and worries about timing

After a traumatic medical experience, it’s no surprise that speaking to a solicitor can feel like too much. For some, it’s simply not a priority while they try to come to terms with what’s happened. Others put it off because they’re unsure if too much time has passed and worry they’ve lost the right to claim.

In England & Wales, you typically have three years to start a medical negligence claim. For children, that time limit doesn’t begin until their 18th birthday. Whatever your situation, early legal advice can make all the difference. Even a short chat can help you understand where you stand and ease some of the weight you’re carrying.

To learn more about the medical negligence limitation period, read: How long do I have to make a medical negligence claim?

It feels disloyal or unfair

Many people feel torn. They might appreciate the dedication shown by doctors or nurses, especially in difficult circumstances, and feel uncomfortable about bringing a claim as a result. This can be even more challenging when the treatment took place in a public hospital or under pressure in an emergency setting.

But acknowledging that something went wrong doesn’t mean you’re ignoring the hard work of healthcare professionals. Medical negligence claims aren’t about attacking individuals – they’re about seeking answers, taking steps to put things right and helping to prevent similar harm to others in future.

It’s also important not to be put off by the myth of a “compensation culture” as genuine claims are about justice, not opportunism.

Concerns about taking on the NHS

Many people feel overwhelmed at the thought of challenging the NHS, a vast and complex healthcare system, or a local organisation like South Tees Hospitals NHS Foundation Trust. The idea of going up against a public body with its own legal team and complex internal processes can be enough to put someone off entirely.

But you are not expected to face it alone. A solicitor with experience in medical negligence cases will deal directly with the Trust on your behalf and manage the legal process from start to finish.

Your role is to share your experience while we take care of the rest and support you throughout.

Not knowing if what happened was actually negligence

A common reason people hold back is uncertainty. They may feel something went wrong during their care but are unsure whether it meets the legal definition of negligence. Without medical knowledge or legal guidance, it can be hard to know whether there’s a valid claim.

That uncertainty often leads to inaction, even when the harm caused is serious. The best way to move forward is to speak to a solicitor who can review the facts, arrange expert medical input and give you a clear picture of whether you have a case.

You do not need to have everything figured out before reaching out.

Concerns about privacy

It’s not uncommon for clients to worry about whether their case will become public. In the majority of situations, medical negligence claims are resolved privately. Unless the matter proceeds to court and attracts media attention, your name and personal details are unlikely to appear anywhere publicly.

If confidentiality is important to you, we will explain exactly what to expect and how your information will be handled throughout.

We regularly hear from individuals who have experienced poor medical care in the North East of England

Many people hesitate to come forward, unsure if what happened to them is something they can challenge or whether it was “serious enough” to justify legal advice. These are completely normal concerns.

You don’t need to have everything figured out before picking up the phone. If something doesn’t feel right, we’re here to listen and help you understand your options, without pressure or expectation.

Speak with a Middlesbrough or Redcar-based medical negligence solicitor

If you would like to speak to a solicitor, Contact Us today. You can also visit our Medical Negligence Claims page to find out more about how we can help.

This content is for informational purposes and is not intended as advice of any kind.