How To Claim Against The NHS
By Stephen Hudson. Last Updated 4th July 2024. This guide is on how to claim against the NHS. On this page, you will find a full and detailed guide to the process of making a compensation claim for an injury or illness caused by medical negligence.
The National Health Service (NHS) as an organisation, has a duty to care for every single patient. When something goes wrong, and a patient comes to harm such as developing an illness or being injured, then it is possible to claim compensation from the NHS.
If you would like to speak to someone, then please call Legal Expert on 0800 073 8804 today. We can answer any questions you have and help you to begin your NHS trusts claim.
Select a Section:
- A Guide To Making A Claim Against The NHS
- What Is NHS Resolution?
- What Types Of Claims Against The NHS Can You Make With Legal Expert?
- NHS Negligence Claims Time Limit
- What Would Be Included In A Successful Claim Against The NHS?
- No Win No Fee Solicitors For Medical Negligence
- Helpful Resources
A Guide To Making A Claim Against The NHS
All medical professionals in the NHS and private services owe a duty of care to provide a minimum standard of care to all their patients. This includes doctors, surgeons, nurses and all others charged with patient care.
If a private care provider or NHS medical professional providing treatment to you fails to provide the correct standard of care then they will have been deemed to have breached their duty of care.
It is only when a breach of this duty causes a patient harm that could have been avoided is a medical negligence claim possible.
Contact our advisors for free today to learn if you could make a claim against the NHS or a private healthcare provider.
What Is NHS Resolution?
NHS Resolution, formerly known as the NHS Litigation Authority, is a branch of the NHS sponsored by the Department of Health and Social Care. It manages all personal injury claims made against the NHS in the UK each year. They aim to help members of the public claim compensation from the NHS, and also to help the NHS to improve its own service.
Legal Expert is experienced in pursuing compensation claims that involve the NHS. Call us at the number at the bottom of this page so we can leverage this experience to win you the compensation that you are entitled to.
What Types Of Claims Against The NHS Can You Make With Legal Expert?
Legal Expert operates a team of personal injury solicitors that are experienced in making NHS medical negligence claims. We can assist you in claiming compensation against the NHS across a very wide range of types of cases, including:
- Negligence pertaining to Obstetrics and Gynaecology – when a woman suffers harm due to being treated incorrectly by an obstetrician or gynaecologist.
- Serious events – this includes any major problem which could have been entirely avoided, such as a person receiving entirely the wrong operation.
- Misdiagnosis – when a person is diagnosed with the wrong medical condition, this can lead to a potentially fatal delay in treating the right condition.
- Bad advice – when a medical professional gives completely the wrong advice to a patient, such as how to care for their injury, and it results in harm being caused.
- Wrongly prescribed medication – which leads to a negative health effect such as an allergic reaction or toxic reaction.
- Paramedic negligence, such as in instances where the wrong care is given or there is an undue delay in arriving at the scene.
- Surgical malpractice – which is caused by mistakes being made during surgery, or an accident taking place during the procedure.
These are the most common types of claims we see here at Legal Expert. There are many more. Call us on the number at the bottom of this page so that we can tell you whether we believe you have a valid reason to claim.
Evidence For Claims Against The NHS
There are several steps involved in the process of making a claim against the NHS. For example, you could gather evidence to strengthen your claim. This could include:
- Records of the communication you have had with the service provider that caused you to sustain harm due to negligence. For instance, if you have put in a complaint about the care you received, any response you received could be used as evidence.
- Medical records such as those from your doctor or hospital that show the treatment and diagnosis you received. You could also attend a medical appointment that is completed by an independent practitioner. This could produce a report on the current state of your injuries.
Additionally, you could seek legal advice from one of our solicitors who can guide you through the process of making a claim against the NHS. They could represent your case on a No Win No Fee basis provided your case is valid and has a chance of success.
Contact our team to learn more about gathering evidence for a claim.
NHS Negligence Claims Time Limit
As part of the answer to the question ‘can I claim compensation against the NHS?’, people need to understand that there is a time limit in place, within which people who wish to make a claim for clinical negligence against the NHS must begin their claim. This time limit is three years from the time the medical negligence took place, or from the date you became aware the negligence had affected you.
If a person is under the age of 18 when the medical negligence occurred, then their legal guardian will need to make an NHS negligence complaint on their behalf. When someone acts on the behalf of a minor in civil proceedings, they are known as a litigation friend. If their guardian fails to make a claim, then when the patient reaches the age of 18, they will be able to make a claim themselves, even if the negligence occurred longer than 3 years ago. Once they do turn 18, the three-year time limit comes into play.
If you are getting close to the time limit for making an NHS claim, call Legal Expert on the number at the bottom of this page so that we can expedite your claim.
What Would Be Included In A Successful Claim Against The NHS?
A compensation payout after successfully making a claim against the NHS or a private healthcare provider may include general damages and special damages. General damages compensate you for the pain and suffering caused by the medical negligence.
The table below features compensation guidelines found in the Judicial College Guidelines (JCG). This document may be used by those who are valuing your NHS compensation claim for general damages. It lists numerous kinds of injuries and illnesses alongside guideline compensation brackets. This table is a guide only and the first entry on it is not based on the JCG.
| Injury/Illness | Severity | Potential Compensation |
|---|---|---|
| Multiple Serious Injuries/Illnesses And Special Damages | Serious | Up to £1,000,000+ |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Kidney | (a) Serious | £206,730 to £256,780 |
| Leg Injuries - Amputations | Above-knee amputation of one leg | £127,930 to £167,760 |
| Arm Amputations | Loss of one arm | Not less than £167,380 |
| Female Reproductive System | (b) Sexual dysfunction | £52,490 to £124,620 |
| Male Reproductive System | (c) Impotence or significant sexual dysfunction | £52,490 to £108,310 |
| Bladder | (c) Serious impairment of control | £78,080 to £97,540 |
| Lung Disease | (c) Disease, such as emphysema | £66,890 to £85,460 |
| Spleen | (a) Loss of Spleen | £25,380 to £32,090 |
If you’re eligible to claim general damages, then your medical negligence compensation could potentially also include special damages. This compensates you for the financial expenses or losses you’ve experienced due to the medical negligence. Examples of what could be covered under special damages include:
- Loss of earnings if you’ve been required to take unpaid time off work to recover.
- The cost of certain treatments or medicines you’ve required to aid your recovery.
- Travel expenses put towards attending vital appointments, such as train or bus tickets.
Evidence is needed to claim special damages, which can include certain documents like wage slips or bank statements.
Contact our advisors today if you would like to ask questions about making a medical negligence claim.
No Win No Fee Solicitors For Medical Negligence
If you have a valid case to claim NHS compensation, you could do so with the help of our specialist solicitors on a No Win No Fee basis. This type of basis is offered under a Conditional Fee Agreement which means:
- There are no upfront fees for your solicitor to begin working on your medical negligence claim.
- Expert help throughout the claims process with no running solicitor fees.
- If the claim fails, you don’t pay for the solicitor’s work.
The solicitor takes a success fee if the case wins. However, a legal cap set out by The Conditional Fee Agreements Order 2013 means they can only collect a limited percentage of the compensation awarded to you.
Get Free Guidance On Claiming
If you want to learn more about how to sue the NHS, please get in touch today.
Our advisors can assess whether you have a valid case for medical negligence. If you do, you could be connected to a solicitor right away for further support.
Choose any of these options to get started:
- Call our free helpline on 0800 073 8804
- Use our ‘Claim Online’ form to enquire.
- Chat with an advisor using the live chat feature below.
Helpful Resources
At the link below, you will find a comprehensive guide covering the process of claiming for clinical negligence against a GP:
Other Useful Compensation Guides
- Pharmacy Claims Guide
- How To Make A Claim Against A Hospital
- Crawley Medical Negligence Solicitors
- How To Claim Compensation If You’ve Had an Allergic Reaction to Medication
- Clinical and Medical Negligence
Thank you for reading our guide about how to claim against the NHS.
