Key Takeaways
| Legal Point | What This Means |
|---|---|
| Abandoning a medical claim doesn’t end your rights | If another firm closes your claim without your consent or without proper settlement, you may still be able to pursue compensation through legal action. |
| Negligent solicitors are accountable | Under the Solicitors Regulation Authority (SRA) Code of Conduct, a solicitor who closes a claim improperly can be pursued for professional negligence, and you may claim damages. |
| Time limits exist but options remain | The Limitation Act 1980 gives you three years from when you became aware of the negligence, not from when the original claim was closed. |
| You don’t need to prove the original claim was strong | To claim against a solicitor, you need to show they breached their duty, caused you loss, and acted negligently; not that your underlying medical claim would have succeeded. |
| Compensation can cover lost opportunity and distress | Damages may include the value of the claim you lost, legal costs incurred, and sometimes compensation for the stress and inconvenience caused by professional negligence. |
What happens when a solicitor abandons your medical negligence claim
Medical negligence claims are complex. They require expert evidence, careful investigation, and precise understanding of clinical standards of care. Many claimants rely entirely on their solicitor to manage these claims on their behalf, trusting that if a firm closes the case, there must be a good reason. Right then, let’s be direct: that trust can be broken, and when it is, you have legal options.
If another firm closes your medical negligence claim without your explicit instruction, without proper settlement, or without making reasonable attempts to pursue it, that may constitute professional negligence on the part of the solicitor. The impact is straightforward: you lose the opportunity to pursue compensation for the underlying harm you suffered, which can be substantial.
Establishing negligence against a solicitor
To prove professional negligence against a solicitor, you need to show three things. First, the solicitor owed you a duty of care, which they did once they took your case on. Second, they breached that duty, meaning they acted in a way no competent solicitor would or failed to act when they ought to have. Third, that breach caused you measurable loss. In medical negligence cases, that loss is often the value of the claim they abandoned.
Under the SRA Code of Conduct, solicitors must act in your interests, provide you with clear information about your case, and keep you properly informed throughout. If a firm closes a claim without consulting you or without pursuing it to a reasonable conclusion, that breaches the code. The question then becomes: what was your claim worth?
Calculating loss: what your abandoned claim might have been worth
This is the crux of a claim against a negligent solicitor. A claimant must show that the underlying medical negligence claim had value. This doesn’t mean you had to win it; only that a competent solicitor would have pursued it and that it had a reasonable prospect of success.
Evidence of a viable claim
Medical negligence claims turn on expert evidence. If your original medical records show a departure from the standard of care, for example a misdiagnosis, delayed treatment, or a surgical complication that should have been avoided, then you had a claim worth pursuing. A solicitor who closes the case without obtaining expert evidence or who closes it after receiving advice that the claim might succeed is acting negligently. Courts examine whether the original medical evidence supported pursuing the claim further and whether a competent solicitor would have pursued it.
The value of medical negligence claims varies widely. A claim for a misdiagnosis that led to delayed cancer treatment, for instance, might be worth tens of thousands of pounds. A claim for a surgical complication resulting in ongoing pain or disability might be worth more. Even a claim that eventually fails has value if it was reasonable to pursue at the time. Guidance on professional standards consistently reinforces that solicitors owe you a duty to explore that value, not to abandon it.
Your rights under the Limitation Act
Medical negligence claims have strict time limits. You must issue proceedings within three years of the date when you became aware (or ought reasonably to have become aware) of the negligence. This is called the “date of knowledge”. Once three years has passed, you cannot pursue the underlying accident or injury claim, except in narrow circumstances. However, a claim against a negligent solicitor follows different rules.
When the clock resets for solicitor negligence
The Limitation Act 1980 sets the framework. For claims against professionals, you generally have three years from the date you became aware of the negligence. If a solicitor closes your medical negligence claim improperly in, say, 2020, your three-year window to sue that solicitor doesn’t begin until you either knew or ought to have known of the negligence, often much later once you realised the claim had been wrongly abandoned. This gives you more time than you might think. If you’ve only recently discovered that a previous firm closed your claim without good reason, you likely still have time to act.
Pursuing a claim for damages
Once you’ve established that a solicitor acted negligently, what can you recover? Damages fall into several categories. The primary loss is usually the value of the claim you lost: the compensation you would have received if the medical negligence claim had succeeded. Courts assess this by looking at similar cases and the expert evidence that was, or should have been, obtained. If your claim was strong and would likely have succeeded, damages will reflect that.
Additional losses and costs
Beyond the lost claim value, you may recover other losses caused by the negligence: legal fees you incurred whilst pursuing a remedy, costs of obtaining independent expert evidence to support your new claim against the solicitor, and in some cases, compensation for the distress, inconvenience, and upset caused by losing your original claim. Courts recognise that having your claim abandoned is not merely a financial harm; it’s often deeply stressful.
If you’re considering pursuing a claim against a solicitor who abandoned your medical negligence case, the first step is to take legal advice from a firm experienced in professional negligence. That advice should assess the strength of your underlying medical negligence claim (what might it have been worth?) and the strength of your claim against the solicitor (can you show they breached their duty and caused you loss?). Many such claims proceed on a no win no fee basis, because the damages you recover often exceed the legal costs involved.
Frequently asked questions
Can I sue a solicitor if they closed my medical negligence claim?
Yes, if they breached their duty of care and caused you loss. You must show they acted negligently, that no competent solicitor would have acted the same way, and that you’ve suffered measurable harm as a result.
How do I prove my original claim had value if it was never pursued?
Through expert medical evidence. You obtain independent expert opinion on whether the underlying medical negligence occurred and, if it did, what that claim would have been worth. This expert evidence forms the basis of your damages claim.
Is there a time limit to sue a solicitor for abandoning my case?
Yes, generally three years from the date you became aware (or ought to have become aware) of the negligence. If you only recently discovered the claim was wrongly abandoned, that three-year period likely starts from now, not from when the claim was originally closed.
What if my medical negligence claim would have failed anyway?
That doesn’t matter for the purposes of suing a solicitor. You only need to show they breached their duty; not that your claim would definitely have succeeded. The question is whether a competent solicitor would have pursued it further, given the evidence available at the time.
Can I recover the costs of bringing a claim against the negligent solicitor?
Yes. Costs form part of your recoverable losses if the negligent solicitor’s actions forced you to take separate legal action. Many claimants recover both their lost claim value and the costs of pursuing the negligence claim itself.
Should I pursue this on a no win no fee basis?
Many professional negligence claims against solicitors proceed on a no win no fee basis, because the damages recovered often exceed legal costs. It’s worth exploring this option with a solicitor experienced in professional negligence.
What’s the first step I should take?
Seek independent legal advice from a firm experienced in professional negligence claims. They will assess the strength of your abandoned medical claim and your claim against the solicitor. If it looks viable, they can advise on next steps and often act on a no win no fee basis.
Getting advice on your case
If you’ve had a medical negligence claim closed without your consent or without good reason, don’t accept it as final. Get in touch with Wolf Law to discuss what happened and what your options are. We’re experienced in professional negligence claims and can advise you on the strength of both your original claim and your claim against the solicitor who abandoned it. Many claimants we work with discover they still have options and time, even years after a claim was closed. Our medical negligence solicitors are ready to listen and advise.
Legal Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. For specific advice relating to your circumstances, please contact Wolf Law directly to arrange a consultation with one of our qualified solicitors.
