Medical Negligence Claims UK: Clinical Errors, Compensation, Liability and Your Legal Rights

Medical Negligence Claims UK: Clinical Errors, Compensation, Liability and Your Legal Rights

Quick Answer: A medical negligence claim may arise where a healthcare professional or organisation failed to provide the appropriate standard of care and that failure caused injury, deterioration or another legally recoverable loss. A poor medical outcome alone does not prove negligence. The claim normally requires evidence of a breach of duty and a causal connection between that breach and the injury or loss suffered.

Medical treatment involves unavoidable risks.

Even when healthcare professionals act appropriately, a patient can sometimes experience complications, side effects or an unexpected outcome.

That does not automatically mean that medical negligence has occurred.

Medical negligence is concerned with whether the care provided fell below the legally required standard and, importantly, whether that failure caused the harm for which compensation is being sought.

Potential claims can arise from circumstances such as:

• Misdiagnosis.
• Delayed diagnosis.
• Failure to diagnose.
• Surgical errors.
• Medication errors.
• Inadequate monitoring.
• Failure to obtain appropriate investigations.
• Failure to refer a patient.
• Inadequate treatment.
• Birth injuries.
• Failures in follow-up care.

The legal analysis can be complex because medicine often involves reasonable differences of professional opinion.

A successful claim therefore normally requires more than showing that another treatment might have produced a better result.

This guide explains how medical negligence claims work in the UK, what evidence may be required, how compensation is assessed, what happens when treatment is provided by the NHS or privately, and how limitation periods operate.

Legal disclaimer: This article provides general educational information only. It is not medical or legal advice and does not create a solicitor-client relationship. Clinical negligence law is fact-specific and should be assessed by an appropriately qualified professional.

Key Takeaways

• A poor medical outcome does not automatically establish medical negligence.
• A negligence claim generally requires evidence of a breach of the applicable standard of care and causation.
• Medical records are often central to a clinical negligence claim.
• Independent medical expert evidence may be required.
• Claims can involve NHS treatment, private healthcare or other healthcare providers.
• Misdiagnosis and delayed diagnosis can potentially give rise to claims where they cause avoidable harm.
• Surgical complications are not automatically evidence of negligence.
• Medication errors can potentially form the basis of a claim.
• Compensation may include damages for injury and financial losses.
• Serious injuries may result in substantial future-loss claims.
• Limitation periods apply and can be particularly complicated in clinical negligence cases.
• Some qualifying claims may be funded through a Conditional Fee Agreement.

What Is Medical Negligence?

Quick Answer: Medical negligence generally refers to a failure by a healthcare professional or organisation to provide the legally required standard of care, resulting in injury or loss.

The concept involves two central questions:

1. Was the standard of care breached?
2. Did that breach cause the injury or loss?

Both issues matter.

Even if substandard care is established, a claimant may still need to demonstrate that the breach caused the harm being claimed.

Is Medical Negligence the Same as a Medical Mistake?

Quick Answer: Not necessarily.

Medicine involves uncertainty and professional judgment.

A healthcare professional can make an error without necessarily being legally negligent.

The legal question is whether the care fell below the applicable standard and whether that failure caused legally significant harm.

This distinction is particularly important when assessing:

• Diagnosis.
• Treatment decisions.
• Surgical procedures.
• Medication.
• Clinical monitoring.

Does a Bad Medical Outcome Mean I Was a Victim of Negligence?

Quick Answer: No.

A complication or unsuccessful treatment can occur even when appropriate care was provided.

For example, a procedure may carry a recognised risk of infection, bleeding or another complication.

The existence of the complication does not itself prove that the healthcare provider acted negligently.

The circumstances surrounding the treatment must be examined.

What Must I Prove in a Medical Negligence Claim?

Quick Answer: A claimant generally needs to establish that a duty of care existed, the applicable standard of care was breached, and the breach caused the injury or loss claimed.

The claim can therefore involve:

• Duty of care.
• Breach of duty.
• Causation.
• Damage or loss.

These issues often require independent medical evidence.

What Is the Standard of Care in Medical Negligence?

Quick Answer: The standard concerns the level of care that the law requires from the relevant healthcare professional in the circumstances.

Medical negligence cases frequently require expert evidence because the court may need assistance in determining what competent clinical practice required.

The appropriate standard can depend on:

• The healthcare professional's role.
• The treatment involved.
• The circumstances at the time.
• The available information.
• The clinical options reasonably open to the professional.

What Is Causation in a Medical Negligence Claim?

Quick Answer: Causation concerns whether the alleged breach actually caused the injury or loss for which compensation is sought.

This can be one of the most difficult parts of a clinical negligence case.

For example, a patient may have suffered a serious illness before the alleged negligent treatment occurred.

The legal question may therefore be whether the negligent act caused additional harm, delayed recovery or reduced the patient's prospects of a better outcome.

Can I Claim for Misdiagnosis?

Quick Answer: Potentially. A misdiagnosis can give rise to a negligence claim where the diagnostic failure fell below the appropriate standard and caused avoidable harm.

Potential examples include:

• Failure to recognise cancer.
• Failure to identify a fracture.
• Failure to diagnose infection.
• Failure to identify a stroke.
• Failure to recognise a cardiac condition.
• Failure to identify another serious illness.

The fact that the diagnosis was wrong is not, by itself, sufficient.

The evidence must establish whether the error amounted to negligence and whether it caused additional harm.

Can I Claim for a Delayed Diagnosis?

Quick Answer: Potentially. A delayed diagnosis can be significant where earlier diagnosis and treatment would probably have resulted in a materially better outcome.

Medical evidence may need to address:

• When the condition should reasonably have been diagnosed.
• What investigations should have been undertaken.
• What treatment should have followed.
• What would probably have happened with timely treatment.
• What additional injury resulted from the delay.

Can I Claim If a Doctor Failed to Refer Me to a Specialist?

Quick Answer: Potentially. A failure to refer can form part of a negligence claim where referral was required by the appropriate standard of care and the failure caused avoidable harm.

Evidence can include:

• GP records.
• Hospital records.
• Test results.
• Referral letters.
• Clinical guidelines.
• Independent expert evidence.

Can I Claim for a Failure to Order a Test?

Quick Answer: Potentially. The issue is whether the relevant investigation should reasonably have been undertaken in the circumstances.

The claim may involve analysis of:

• Symptoms.
• Clinical history.
• Examination findings.
• Risk factors.
• Available investigations.
• Professional practice.

Can I Claim for a Surgical Error?

Quick Answer: Potentially, but a surgical complication does not automatically mean that negligence occurred.

Potential allegations can include:

• Operating on the wrong site.
• Damage to another structure.
• Retained surgical material.
• Incorrect surgical technique.
• Inadequate pre-operative assessment.
• Inadequate post-operative monitoring.

The circumstances must be investigated carefully.

What If the Surgery Had a Known Risk?

Quick Answer: A known complication does not automatically establish negligence.

Some complications are recognised risks of appropriate medical treatment.

The relevant questions can include:

• Was the procedure performed competently?
• Was the complication reasonably foreseeable?
• Was the patient appropriately monitored?
• Was appropriate treatment provided when the complication occurred?

Can I Claim for a Wrong-Site Surgery?

Quick Answer: Potentially. Operating on the wrong part of the body can be a serious clinical error and may require detailed investigation.

Evidence can include:

• Consent documentation.
• Pre-operative records.
• Operating theatre records.
• Imaging.
• Medical notes.
• Post-operative records.

Can I Claim for a Medication Error?

Quick Answer: Potentially. Medication errors can occur during prescribing, dispensing or administration.

Potential examples include:

• Incorrect medication.
• Incorrect dosage.
• Incorrect route of administration.
• Failure to account for allergies.
• Failure to identify drug interactions.
• Failure to monitor medication effects.

The legal analysis depends on what happened and whether the error caused injury.

Can I Claim If I Was Given the Wrong Dose of Medicine?

Potentially.

Evidence can include:

• Prescription records.
• Medication charts.
• Pharmacy records.
• Administration records.
• Medical notes.
• Evidence of the resulting injury.

Can I Claim for a Failure to Monitor My Condition?

Quick Answer: Potentially. Monitoring requirements vary depending on the patient's condition and treatment.

A claim may involve allegations such as:

• Failure to monitor vital signs.
• Failure to review test results.
• Failure to respond to deterioration.
• Failure to arrange follow-up.

Can I Claim for Hospital Negligence?

Quick Answer: Potentially. A hospital or healthcare organisation may be responsible for negligent treatment provided by its staff or for other failures depending on the circumstances.

Hospital claims can involve:

• Emergency treatment.
• Diagnosis.
• Surgery.
• Medication.
• Nursing care.
• Monitoring.
• Discharge.
• Follow-up treatment.

Can I Claim Against the NHS?

Quick Answer: Potentially. Clinical negligence claims can arise from NHS treatment where the legal requirements for negligence are established.

Claims involving NHS treatment are commonly handled through NHS Resolution on behalf of NHS organisations in England.

The NHS Resolution framework concerns claims against NHS organisations and healthcare professionals and provides information about the handling of clinical negligence claims. ([resolution.nhs.uk](https://resolution.nhs.uk/claims/clinical-claims/claims-management/clinical-negligence-claims/?utm_source=chatgpt.com))

The procedure can differ across the UK because healthcare is devolved.

Can I Claim Against a Private Hospital?

Quick Answer: Potentially. Private healthcare providers can also face clinical negligence claims where the relevant legal requirements are established.

The responsible defendant may depend on:

• Who provided the treatment.
• Who employed the healthcare professional.
• The contractual arrangements.
• The healthcare provider's responsibilities.

Can I Claim Against a GP?

Quick Answer: Potentially. A GP or GP practice may be involved in a clinical negligence claim where negligent diagnosis, treatment, referral or follow-up caused injury.

Examples can include:

• Failure to diagnose.
• Delayed diagnosis.
• Failure to refer.
• Incorrect medication.
• Failure to arrange appropriate follow-up.

Can I Claim for Birth Injury?

Quick Answer: Potentially. Birth injury claims can arise where negligent care before, during or after delivery causes injury to the mother or child.

Potential issues include:

• Failure to monitor the mother.
• Failure to monitor fetal wellbeing.
• Delayed intervention.
• Incorrect response to complications.
• Inappropriate delivery management.
• Neonatal care failures.

Birth injury claims can be particularly complex because the long-term consequences may not be immediately apparent.

Can Parents Claim for a Child's Medical Negligence?

Quick Answer: Potentially. Parents or guardians may be involved in claims brought on behalf of children, subject to the applicable procedural and limitation rules.

The legal position concerning children differs from that concerning adults.

Prompt specialist advice is important.

Can I Claim for a Delay in Emergency Treatment?

Quick Answer: Potentially. Delays in emergency treatment can give rise to a claim where the delay resulted from a breach of the required standard of care and caused additional harm.

Examples can include delays in recognising:

• Stroke.
• Heart attack.
• Sepsis.
• Internal bleeding.
• Serious fractures.
• Other emergency conditions.

Causation can be particularly important in these cases.

Can I Claim for a Failure to Diagnose Sepsis?

Quick Answer: Potentially. A failure to recognise and appropriately respond to sepsis may form the basis of a claim if the required legal elements are established.

The claim would require detailed analysis of the clinical presentation, treatment and resulting harm.

Can I Claim for a Delayed Cancer Diagnosis?

Quick Answer: Potentially. Delayed cancer diagnosis claims can arise where a failure in diagnosis or referral caused avoidable progression or reduced treatment options.

Expert evidence may need to examine:

• When the cancer should have been identified.
• What investigations should have occurred.
• What treatment would have followed.
• Whether earlier treatment would probably have changed the outcome.

Can I Claim for a Failure to Obtain Consent?

Quick Answer: Potentially, but consent issues involve specific legal principles and should not simply be treated as another form of clinical error.

Important questions can include:

• What treatment was proposed?
• What information was provided?
• What material risks were discussed?
• What alternatives were available?
• What decision would the patient have made with appropriate information?

Consent claims can involve both clinical and legal analysis.

What Is Informed Consent?

Quick Answer: Informed consent generally involves a patient making a voluntary decision about treatment based on appropriate information about the proposed treatment and relevant risks and alternatives.

Consent is not simply a signature on a form.

The circumstances in which the decision was made can be important.

Can I Claim If a Doctor Did Not Explain the Risks of Treatment?

Quick Answer: Potentially. Failure to provide appropriate information about material risks can raise legal issues concerning informed consent.

However, each case must be assessed according to the facts and applicable legal principles.

What Evidence Do I Need for a Medical Negligence Claim?

Clinical negligence claims can require extensive evidence, including:

• Medical records.
• Hospital records.
• GP records.
• Prescription records.
• Imaging.
• Test results.
• Referral letters.
• Consent documentation.
• Witness statements.
• Independent medical expert reports.
• Employment records.
• Financial records.

Can I Get My Medical Records?

Quick Answer: Patients generally have rights concerning access to their personal data and medical records, subject to applicable data-protection rules and limited exceptions.

Medical records can be particularly important when investigating a potential clinical negligence claim.

The process for obtaining records can depend on whether treatment was provided by the NHS, a private provider or another organisation.

Why Are Medical Records Important?

Medical records can help establish:

• What symptoms were reported.
• What examinations were undertaken.
• What tests were ordered.
• What treatment was provided.
• What warnings or advice were given.
• What happened after treatment.

They can also help medical experts reconstruct the sequence of events.

Will I Need an Independent Medical Expert?

Quick Answer: Often, yes. Clinical negligence cases frequently require independent expert evidence to establish breach and causation.

The appropriate expert depends on the medical issue.

For example, a case involving surgery may require evidence from an appropriate surgical specialist, while a delayed diagnosis claim may require evidence from the relevant clinical specialty.

Can My Own Doctor Provide the Evidence?

Quick Answer: Your treating doctor may provide information through the medical records and may be involved in the clinical history, but litigation often requires independent expert evidence.

The expert's role is to provide an independent opinion rather than simply support the claimant's position.

What Happens After I Contact a Medical Negligence Solicitor?

A solicitor may initially assess:

• The treatment provided.
• The alleged clinical error.
• The resulting injury.
• The available evidence.
• Limitation issues.
• The prospects of establishing breach and causation.

Medical records may then be obtained and reviewed.

If the case appears viable, independent expert evidence may be obtained.

How Long Does a Medical Negligence Claim Take?

Quick Answer: Clinical negligence claims can take considerably longer than straightforward accident claims because they often require extensive medical evidence and detailed analysis of causation.

A simple claim may resolve within months.

Complex claims involving serious injury, multiple experts or substantial future losses can take years.

The appropriate timeline depends on the case.

Why Do Medical Negligence Claims Take So Long?

Common reasons include:

• Obtaining complete medical records.
• Reviewing extensive clinical documentation.
• Obtaining expert reports.
• Disputing breach of duty.
• Disputing causation.
• Calculating future losses.
• Obtaining specialist financial evidence.
• Negotiating settlement.
• Court proceedings.

Serious cases should not necessarily be rushed simply to achieve an early settlement.

How Much Compensation Can I Claim for Medical Negligence?

Quick Answer: There is no standard compensation amount.

The value depends on:

• Nature of the injury.
• Severity.
• Duration.
• Permanent consequences.
• Psychological effects.
• Loss of earnings.
• Future earning capacity.
• Care requirements.
• Medical expenses.
• Other financial losses.

A minor injury and a life-changing injury can have dramatically different values.

What Compensation Can Be Claimed?

Depending on the circumstances, compensation may include:

• Pain, suffering and loss of amenity.
• Past loss of earnings.
• Future loss of earnings.
• Medical expenses.
• Rehabilitation.
• Care and assistance.
• Travel expenses.
• Specialist equipment.
• Accommodation adaptations.
• Other legally recoverable financial losses.

Can I Claim for Lost Earnings?

Quick Answer: Potentially. If negligent treatment causes you to lose earnings, the resulting financial loss may form part of the claim.

Evidence may include:

• Payslips.
• P60s.
• Employment contracts.
• Employer correspondence.
• Tax records.
• Self-employed accounts.

Can I Claim for Future Loss of Earnings?

Quick Answer: Potentially. Serious clinical negligence can affect a person's future ability to work.

Future-loss claims may consider:

• Career progression.
• Promotion prospects.
• Reduced working hours.
• Early retirement.
• Loss of employment opportunities.

These claims can require detailed medical and financial evidence.

Can I Claim for Care and Assistance?

Quick Answer: Potentially. Where an injury or disability means that assistance is required with everyday activities, the value of that care may be recoverable depending on the circumstances.

Care can include:

• Personal care.
• Cooking.
• Shopping.
• Household tasks.
• Childcare.
• Transport.

Can I Claim for Rehabilitation?

Potentially.

Depending on the circumstances, rehabilitation may include:

• Physiotherapy.
• Occupational therapy.
• Psychological treatment.
• Speech and language therapy.
• Specialist rehabilitation programmes.

The medical evidence should establish what treatment is reasonably required.

Can I Claim for Psychological Injury Caused by Medical Negligence?

Quick Answer: Potentially. A negligent medical outcome can cause psychological injury in addition to physical harm.

Potential consequences include:

• Post-traumatic stress symptoms.
• Anxiety.
• Depression.
• Fear of medical treatment.
• Reduced quality of life.

Where psychological injury is claimed, appropriate medical evidence may be required.

Can Family Members Claim Compensation?

Quick Answer: In some circumstances, family members may have their own legally recognised losses or claims, particularly following serious injury or death.

The availability of such claims depends on the circumstances and applicable law.

Can I Claim for Medical Negligence That Happened Years Ago?

Quick Answer: Potentially, but limitation is a critical issue.

Many personal injury claims are subject to a three-year limitation period, but clinical negligence cases can involve special rules concerning when the claimant acquired the relevant knowledge.

The exact limitation position must be assessed from the facts.

When Does the Three-Year Limitation Period Start?

Quick Answer: For many clinical negligence claims in England and Wales, limitation can involve both the date of the negligent event and the date when the claimant first had the required knowledge of the injury and its attribution to the alleged negligence.

The Limitation Act 1980 contains the statutory framework governing limitation periods for personal injury claims in England and Wales. ([legislation.gov.uk](https://www.legislation.gov.uk/ukpga/1980/58/contents?utm_source=chatgpt.com))

Because limitation can be fact-sensitive, do not assume that a claim is out of time simply because the treatment occurred several years ago.

What If I Did Not Know the Treatment Was Negligent?

Quick Answer: Lack of knowledge can be relevant to limitation, but it does not automatically extend the limitation period indefinitely.

The precise rules concerning knowledge can be complicated.

If you only recently discovered that a previous medical treatment may have caused an injury, obtain legal advice promptly.

What If the Patient Is a Child?

Children are subject to different limitation and procedural rules.

A parent or guardian should obtain specialist advice rather than assuming that the ordinary adult limitation period applies.

What If the Patient Lacks Mental Capacity?

Different limitation rules can apply where a claimant lacks the relevant legal capacity.

The circumstances should be assessed individually.

Can I Make a Medical Negligence Claim on a No Win No Fee Basis?

Quick Answer: Some qualifying clinical negligence claims can potentially be funded through a Conditional Fee Agreement.

Because clinical negligence cases can involve substantial investigation and expert evidence, a solicitor will normally assess:

• Evidence of breach.
• Evidence of causation.
• Prospects of success.
• Potential compensation.
• Funding and costs risks.

The terms of the funding agreement should be understood before the arrangement is entered into.

Can I Claim Against the NHS and Keep Receiving NHS Treatment?

Quick Answer: Making a clinical negligence claim does not automatically mean that you cannot continue receiving NHS treatment.

The legal claim and ongoing medical care are separate issues.

If you require treatment, continue to seek appropriate medical care.

What If the Hospital Admits Something Went Wrong?

Quick Answer: An admission that an error occurred does not necessarily resolve every issue in a compensation claim.

The claim may still require analysis of:

• Whether the error amounted to negligence.
• Whether it caused injury.
• The extent of the injury.
• The financial consequences.

Can I Claim If the Hospital Apologised?

Quick Answer: An apology does not automatically establish legal liability or determine the amount of compensation.

It can nevertheless form part of the factual background of the case.

Can I Claim If Another Doctor Says My Treatment Was Wrong?

Quick Answer: Another doctor's opinion may be important, but a successful negligence claim generally requires appropriate independent evidence addressing the legal issues of breach and causation.

A difference of professional opinion does not automatically establish negligence.

What If Two Doctors Give Different Opinions?

Quick Answer: Differences in medical opinion can occur in legitimate clinical practice.

The court may need to assess competing expert evidence and determine whether the treatment fell below the applicable legal standard.

This is one reason clinical negligence litigation can be complex.

Medical Negligence Claim Checklist

• ☐ Record when and where the treatment occurred.
• ☐ Identify the healthcare provider.
• ☐ Request relevant medical records.
• ☐ Keep copies of correspondence.
• ☐ Record symptoms and treatment received.
• ☐ Keep details of additional medical treatment.
• ☐ Record time away from work.
• ☐ Keep evidence of financial losses.
• ☐ Identify potential witnesses.
• ☐ Check limitation issues.
• ☐ Obtain specialist legal advice where appropriate.

Frequently Asked Questions

What is medical negligence?

Medical negligence generally involves a failure to meet the applicable standard of care that causes injury or loss. The precise legal test depends on the circumstances.

Does a medical mistake automatically mean negligence?

No. A poor outcome or error does not automatically establish negligence. The care provided and resulting harm must be assessed against the applicable legal standards.

Can I claim for misdiagnosis?

Potentially. A misdiagnosis may support a claim where the diagnostic failure was negligent and caused avoidable harm.

Can I claim for delayed diagnosis?

Potentially. The key issue is whether the delay resulted from negligent care and caused additional injury or loss.

Can I claim for surgical errors?

Potentially. A surgical complication is not automatically negligence, but an avoidable error may give rise to a claim.

Can I claim against the NHS?

Potentially. Clinical negligence claims can arise from NHS treatment where breach of duty and causation are established.

How much compensation can I receive for medical negligence?

There is no standard amount. Compensation depends on the injury, prognosis, financial losses, care requirements and other legally recoverable losses.

How long does a medical negligence claim take?

Clinical negligence claims can take months or years depending on the medical evidence, complexity, liability and value of the claim.

How long do I have to make a medical negligence claim?

Many claims are subject to a three-year limitation framework in England and Wales, but special rules and exceptions can apply, particularly where the claimant discovers the problem later.

Can I make a medical negligence claim on a No Win No Fee basis?

Some qualifying claims may be funded through a Conditional Fee Agreement, subject to assessment and acceptance by a solicitor.

What This Means for You

Medical negligence claims require a careful distinction between an unfortunate medical outcome and legally negligent treatment.

The fact that treatment failed does not automatically mean that someone was negligent.

The fact that a complication occurred does not automatically mean that the complication should have been prevented.

The legal question is more specific:

Was the care provided below the required standard, and did that failure cause the harm being claimed?

That question often cannot be answered simply by reviewing the patient's experience.

Medical records may need to be obtained.

Independent experts may need to review the treatment.

The patient's condition before the alleged negligence may need to be established.

The likely outcome with appropriate treatment may need to be considered.

And the financial consequences of the injury may need to be calculated.

This is particularly important in serious cases.

A delayed diagnosis may have affected treatment options.

A surgical error may have created permanent disability.

A birth injury may affect a child throughout their life.

A medication error may have caused a separate medical condition.

In these circumstances, the value of the claim may extend far beyond the immediate medical consequences.

If you believe that negligent treatment has caused you injury, preserve your medical documentation, record your financial losses and consider the applicable limitation period promptly.

Conclusion

Medical negligence claims are among the more technically demanding forms of personal injury litigation.

The central issues are generally:

• What treatment was provided?
• What should reasonably have been done?
• Did the treatment fall below the required standard?
• Did that failure cause additional injury?
• What losses resulted?

Claims can involve misdiagnosis, delayed diagnosis, surgical errors, medication mistakes, inadequate monitoring, birth injuries and failures in treatment or follow-up.

However, not every mistake or complication constitutes negligence.

Independent medical evidence is often central to establishing both breach and causation.

Where negligence is established, compensation can potentially cover the injury itself as well as lost earnings, medical expenses, rehabilitation, care, future losses and other legally recoverable damage.

Serious cases can therefore involve substantial claims and require extensive evidence.

If you believe you have suffered because of negligent medical treatment, do not rely solely on an informal explanation or an assumption that the claim is either clearly valid or clearly impossible.

Obtain the relevant medical records, preserve evidence, consider limitation issues and seek appropriate specialist advice.

The objective should be to establish what happened, whether the treatment fell below the required standard, whether it caused avoidable harm and what compensation is legally recoverable.

Legal Disclaimer

This article is provided for general educational and informational purposes only. It is not legal, financial, insurance or medical advice and does not create a solicitor-client relationship. Clinical negligence law can vary depending on the jurisdiction, treatment provider, medical circumstances, limitation rules and individual facts. Always obtain appropriate professional advice for a specific claim.