Instructions On How to Claim Against The NHS

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How to Claim Against The NHS

How to Claim Against the NHS

How to Claim Against the NHS Guide

By Mary Mariot. Last updated 27th April 2022. 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 prefer not to read all of this guide, and simply move on to making a claim today, then please call Legal Expert on 0800 073 8804 today and we can help you to begin your NHS trusts claim.

How to claim against the NHS

You could be able to make a claim against the NHS if you suffered as a result of their failings, such as medical negligence.

Firstly, you can make an NHS complaint to the organisation directly, preferably in writing so you can keep a record of your correspondence. Once this is done, you should expect to receive a response to your complaint, specifically from the hospital or medical practice at which you suffered, in a matter of weeks. This could be useful if they explain their failings that led you to suffer, as this could be used to evidence your claim against them.

For free legal advice about making a claim, please don’t hesitate to get in touch with our team of specialist advisors today for a consultation. In the meantime, read on to learn more.

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A Guide To Making A Claim Against The NHS

If you suffer harm at the hands of a medical professional, for example, you contracted an infection whilst staying in the hospital, then you should be able to claim compensation from the NHS.

Can you sue the NHS?

This guide is intended to educate anyone who has suffered due to medical negligence about the process of making a compensation claim. This will help you to understand what your legal team will be doing on your behalf while they are pursuing your personal injury claim. This guide covers all the key facts, as well as details of what you need to do to make a claim. This guide on how to make a successful claim against the NHS contains information such as:

  • An examination of the events that could lead to a case of medical negligence, which in turn, would lead to a person needing to make a claim.
  • A description of NHS Resolution. What it is, how it works, and the way it can affect the claims process for a person suing the NHS.
  • A list of all the special compensation schemes in the UK that are in place to help people who have been the victim of clinical negligence at the hands of the NHS.
  • A look at the legal definition of clinical/medical negligence/malpractice in the eyes of the UK legal system.
  • An overview of the duty of care that every medical professional owes every patient.
  • A list of the type of compensation claims that Legal Expert can help you make against the NHS.
  • Information on the types of damages a compensation settlement will typically comprise of. It covers special damages and general damages.
  • An introduction to the medical negligence claims service that Legal Expert offers under a No Win No Fee scheme. We also explain why we believe this claims service is the best way to sue the NHS.

If you have any more questions or need extra information, then please reach out to Legal Expert on the number at the bottom of this page and we will do our very best to assist you further.

When Might You Need To Make A Claim Against The NHS

There are many reasons why you might want to make a compensation claim, including:

  • Infection – if you contract an infection while you are staying in the hospital.
  • Delayed treatment – if you do not receive treatment quickly enough, causing your health to deteriorate.
  • Surgical negligence – if a surgeon makes a mistake or has an accident while operating on you.
  • Misdiagnosis – if a doctor diagnoses you with the wrong medical condition, causing you to receive the wrong treatment.
  • Badly administered treatment – if medical professionals make a mistake whilst providing treatment or provide treatment in a damaging way.

These are some of the most common reasons why people seek compensation from the NHS, but there are many more. Call Legal Expert on the number at the bottom of the page so we can tell you whether you have a viable claim in your own situation. And if you do, we can then advise further on how to claim.

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 Specialist Compensation Schemes Are Available?

Certain medical negligence claims may go through schemes designed to address specific types of negligence.

For example, the England Infected Blood Support Scheme (EIBSS) was put in place to help members of the general public make compensation claims when they have been harmed due to being given infected blood during a transfusion, or when receiving other blood-derived products during their treatment.

Legal Expert is experienced in dealing with such schemes and can help you to make your own claim. Call us at the number at the bottom of this page to find out how to claim compensation from the NHS.

How Is Clinical Negligence Defined Under Law?

A personal injury lawyer needs to understand just what clinical negligence is in the eyes of the law in the UK. Clinical negligence can be defined as any action a medical professional takes, or that they fail to take by omission, which does not follow the generally accepted medical practices adhered to by the entire medical community, that results in harm being caused to the patient.

Legal Expert operates a highly skilled and experienced team of clinical negligence solicitors across the UK. Call us on the number at the bottom of this page so that we can begin representing you in a clinical negligence claim immediately.

What Duty Of Care Does The NHS Owe Patients?

All medical professionals have a duty of care to provide a minimum standard of care to all patients. This includes doctors, surgeons, nurses and all others charged with patient care.

Every medical professional in the UK is required by law to maintain their duty of care at all times. When a doctor fails in the duty of care, either by action or omission, clinical negligence will be deemed to have occurred.

Legal Expert can help you to prove that your doctor has failed in their duty of care and caused you harm. Call us at the number at the bottom of this page to find out how.

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.
  • 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.

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 Can You Include In a Successful Claim Against The NHS?

When you make a claim for compensation for the NHS, any settlement that is reached will comprise of a number of different types of damages. The exact types of damages you can claim will entirely depend on the specifics of your case. However, every NHS compensation claim will comprise of both special damages and general damages, which can be defined thus:

General Damages

Under the main heading of general damages, we find all the negative aspects of the injury in physical terms. Typical examples of the types of general damages are person might claim in a clinical negligence case against the NHS are:

  • The pain and suffering of both the initial accident that caused the injury and also the initial treatment of the injury.
  • Any psychological problems that arise from the accident or the injury. This can be something as mild as a minor case of psychological trauma, all the way through to life-changing mental conditions such as depression, anxiety or post-traumatic stress disorder.
  • Any long-term or permanent effects of your injury. For example, if you have suffered a serious back injury due to a mistake made during a surgical procedure, and it will leave you with a permanent disability, then provision for compensation for the loss of quality of life is made under general damages.

Special Damages

Under the main heading of special damages, we find all the negative aspects of the injury in non-physical terms. Typical examples of the types of special damages are person might claim in a clinical negligence case against the NHS are:

  • Travel costs if you have encountered out of pocket expenditure due to clinical negligence. This includes having to travel to receive additional medical treatment, and it can also include travel costs for anything related to the compensation claim itself. For example, having to visit your solicitor or attend court.
  • Medical bills if you have encountered out of pocket medical bills due to clinical negligence. This will include the cost of treatment such as receiving private physiotherapy, and also additional costs such as prescription charges.
  • Loss of earnings (past) if the harm you have come to has caused you to miss work and lose out on your pay. You will be able to claim back all of the pay you have lost as part of the general damages.
  • Loss of earnings (future) if the harm you have come to is likely to affect your ability to work in the future. For example, if you are a qualified HGV driver with a long working career ahead of you, and you lost your sight due to negligence, you would be compensated for the fact you cannot work again in your chosen career under general damages.
  • Care costs in cases where the victim has received either professional care or care by friends and family (gracious care). This recovers costs paid out of pocket or compensates those that provided the care as a favour.

If you would like to find out the types of damages that you might be able to claim in your case, contact Legal Expert on the number at the bottom of this page today. All of this can help as you learn how to claim.

Calculating Compensation For Claims Against The NHS

We have not provided an online personal injury claims calculator tool on this page, as they are very inaccurate. Instead, we have provided this table that shows typical amounts paid in successful claims against the NHS in the past.

Lung Disease(D)£29,380 to £51,460There will be breathing difficulties that require frequent use of an inhaler. There will be an uncertain prognosis for recovery, but there will have already been a serious effect on social and working life.
Sight(C) (ii)£60,010 to £99,440There will be a loss of sight in one eye with reduced vision in the other with possible additional issues such as double vision.
Asthma(A)£40,410 to £61,710The asthma will be severe, permanent and disabling. The result will be regular coughing, sleep disturbance, and restricted employment prospects.
Male Reproductive System(C) (i)£132,040Serious surgical, chemical, traumatic or disease-caused sterility which is usually aggravated by scarring.
Chest(B)£65,710 to £91,350Lung cancer that causes an impairment of function, serious pain and impacts quality of life.
Spleen(A)£19,510 to £24,680The spleen will be lost, with relating risks of internal infections and disorders due to immune system damage.
Hernia(B)£6,580 to £8,550A direct inguinal hernia, with some risk of recurrence even after treatment.
Bladder(C)£60,050 to £75,010Serious impairment of control with some incontinence and pain.
Kidney(A)£158,970 to £197,480Both kidneys will either be lost or suffer permanent damage.
PsychiatricModerately Severe£17,900 to £51,460There will be a significant effect on the quality of life in regards to relationships and work. The prognosis for recovery will be optimistic.

A much better option than trying to find an online medical negligence claims calculator from another law firm is to call Legal Expert on the number at the bottom of this page so we can give you an accurate idea of how much compensation you might be able to claim from the NHS.

No Win No Fee Claims Against The NHS

Legal Expert offers a financially risk-free way to claim NHS negligence payouts using our No Win No Fee claims service. Under our No Win No Fee deal, you only have to pay your legal costs when you actually receive a settlement for damages.

There is no charge to begin your claim, and no ongoing charges even if it takes months to reach a settlement with the NHS. And if we fail in making your claim, you don’t pay us anything. This really is a safe way to make a claim, you have nothing to lose and everything to gain. And this is essential to know when discovering how to claim on a No Win No Fee basis.

The Process Of Making A Claim Against The NHS

The NHS owe a duty of care to the people they provide care to. If you have suffered harm due to the negligence of the NHS, you may seek to mitigate your losses by claiming compensation from 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. 

If you’d like to find out more about what NHS compensation claims are, call our team. Alternatively, you can learn more from our guides about hospital negligence claims and NHS negligence claims.

Why Legal Expert Are The Best Service For Making Your Claim

If you need to make a claim for compensation from the NHS for clinical negligence within the NHS negligence claims time limit, under the NHS compensation scheme, Legal Expert could well be your very best option for taking legal action.

We have years of experience in making successful claims against the NHS. We have the knowledge and expertise required to take on a major organisation like the NHS and win. We will always try and get you the most compensation from the NHS we can, and keep you updated about your claim at all times.

Talk To Our Team Now

Do you need to claim compensation for the NHS for clinical negligence? Or do you simply want to know how to claim? If so, then please contact us here at Legal Expert today on 0800 073 8804. Once we know a little more about your claims case, we will offer you some free legal advice on what we think your next steps should be.

Helpful Resources

At the link below, you will find a comprehensive guide covering the process of claiming for clinical negligence against a GP:

A guide to claiming for clinical negligence against a GP

Other Useful Compensation Guides

How To Claim Against The NHS FAQs

How can I start my claim?

You can contact our team at any time to discuss how you could start an NHS medical negligence claim with one of our solicitors.

What can you sue the NHS for?

The primary cause for a claim is medical negligence. So, this could be substandard treatment, a misdiagnosis, a medication flaw or another situation unbecoming of the NHS.

How much does the NHS pay out in claims?

According to the 2021 NHS Resolution Annual Report, the NHS settled 15,674 claims in 2020/21; 6,872 of which were settled without damages being paid. Overall, figures showed £2,309 million being paid out across all indemnity schemes for clinical negligence.

How much could a claim be worth?

The value of a compensation claim against the NHS could depend on the severity of your injuries and any financial costs incurred as a result.

How long does it take to sue the NHS?

The majority of NHS clinical negligence claims reach a resolution within 2-3 years.

How do I write a complaint letter to the NHS?

The letter should clearly state the purpose of writing. And it should also include the full name, date of birth and NHS number of the patient writing the letter.

What is the time limit for making a medical negligence claim?

Anyone considering a claim has up to three years after the fact to state their intention.

What is not appropriate to include in a letter of complaint?

This covers any threats and/or irrational or unreasonable statements.

Thank you for reading our guide about how to claim against the NHS.

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