Have you suffered harm due to substandard medical care from a healthcare professional? Are you wondering how to claim against the NHS? If the answer is yes, please read our useful guide and learn how you could receive compensation by making a medical negligence claim.
This guide aims to provide you with all the information you will need about making a claim against the NHS. Firstly, we look at the eligibility requirements you will need to make a claim, as well as discussing the time limits for medical negligence claims.
Furthermore, we explore the types of evidence you could provide to prove negligence occurred, such as medical records and potential witnesses. This guide also discusses the notion of whether claiming will affect any future treatment you receive from the NHS. Moreover, we explore the potential compensation payouts you could receive by making a claim. Lastly, we look at how one of our experienced No Win No Fee solicitors could help you.
Our advisors work meticulously around the clock to give advice or to answer any questions you may have about making a claim. As part of the free services we provide at Legal Expert, our advisors can provide a case check to look at the merits of your claim. To get in touch:
- Call us on 0800 073 8804
- Contact us online
- Use our live chat feature
Jump To A Section
- How To Claim Against The NHS For Medical Negligence
- How Long Do I Have To Make A Negligence Claim Against The NHS?
- How To Successfully Claim Against The NHS
- Can I Still Get NHS Treatment If I Make A Claim?
- What Is The NHS Medical Negligence Claims Process
- The Compensation Amounts For NHS Negligence Claims
- How Do I Make A No Win No Fee Claim Against The NHS?
- More Information
How To Claim Against The NHS For Medical Negligence
To claim against the NHS for medical negligence, you will need to satisfy the eligibility criteria to prove that a healthcare professional breached their duty of care. In essence, you will need to satisfy the following requirements:
- You were owed a duty of care
- A healthcare professional breached this duty of care
- You suffered avoidable harm as a result of the breach
Fundamentally, all healthcare professionals, whether working under the NHS or in the private sector, owe a duty of care to each patient. Per their duty of care, they must meet the minimum expected standard when providing treatment. Examples of healthcare professionals upholding their duty of care may be providing correct medical advice, and assessing allergies when prescribing new medications.
Therefore, if your NHS treatment fell below the expected standard and you suffered harm as a result, you could be entitled to make a claim. At Legal Expert, we support a range of medical negligence claims for many different scenarios. Please see the following examples of possible medical negligence claims:
- Misdiagnosis claims. For example, an NHS doctor could inaccurately analyse your test results that show you were displaying signs of a stroke. As a result, a stroke could be misdiagnosed as vertigo, resulting in delayed treatment. In this case, you could bring a stroke misdiagnosis compensation claim against the NHS.
- Wrong medication claims. For example, a pharmacist at a hospital could have misread your prescription and dispensed the wrong medication, causing you unnecessary harm. Consequently, you could sue for hospital wrong medication negligence.
- Surgical errors. For example, a surgeon could carry out surgery on the wrong site by mistake, such as the removal of the wrong breast during a mastectomy. As a result, you could bring a wrong site surgical negligence compensation claim against the NHS.
To discuss your eligibility to make a medical negligence claim, please contact our friendly advisors.
How Long Do I Have To Make A Claim Against The NHS?
Typically, you have 3 years to begin a medical negligence claim against the NHS. The claim time limit runs from:
- The date that the negligence occurred
- The date of knowledge. This is the date when you first realised that the harm you suffered was caused by substandard care.
This was established by the Limitation Act 1980. However, there are exceptions to the above time limits such as the following:
- If the claimant is a minor, they cannot claim by themselves. Only once they turn 18, the 3 year time limit will begin.
- The limitation period will be indefinitely frozen if the injured person lacks mental capacity. If the person gains mental capacity, the 3 year time limit will begin.
For minors or those lacking mental capacity, a litigation friend could start their claim whilst the time limit is frozen. Litigation friends are often close family members or solicitors who navigate the claim on the claimant’s behalf, keeping their best interests in mind.
To find out more about how long you have to claim, please contact our helpful advisory team.
How To Successfully Claim Against The NHS
To successfully claim against the NHS, the first essential step is to provide evidence. It is critical that you provide proof of a healthcare professional’s breach of their duty of care and the harm this caused. Therefore, please see the following examples of how to prove medical negligence:
- Your medical records which detail your diagnosis, treatment received or any allergies that were ignored by a healthcare professional.
- Copies of your prescription forms or the packaging that it came in.
- Contact details of anyone who witnessed your negligent treatment to later support your version of events.
- Correspondence with the NHS institution that you received your treatment from
- X-rays, scans or test results
- Photographs or videos of the harm you suffered.
If you’re connected with one of our solicitors, they could collate evidence on your behalf, ensuring a stress-free process for you.
For more information on what types of evidence you could provide, please contact our friendly advisors today.
Can I Still Get NHS Treatment If I Make A Claim?
Yes, you will still be entitled to receive treatment from the NHS even if you have claimed against them. Ultimately, the NHS cannot refuse to give you treatment or treat you differently if you have raised a grievance for substandard medical care in the past.
As previously mentioned, all healthcare professionals owe their patients a duty of care to meet the minimum expected standard of care. Therefore, by denying you treatment because you have claimed in the past, they will be falling below this standard.
Please also note that compensation payouts from the NHS are not taken directly from the medical institution. Instead, compensation is paid through NHS Resolution, so their finances are not directly impacted.
Please continue reading this guide to learn more about the medical negligence claims process. To find out more information, please contact our friendly advisors today.
What Is The NHS Medical Negligence Claims Process?
When a medical negligence claim is made against the NHS, the claim will be directed at the relevant trust or group that was responsible for providing care. For example, if you experienced an ovarian cancer misdiagnosis in a hospital, your claim would be made against the NHS trust that the hospital belongs to.
In terms of compensation payouts, the trust or group would not pay directly for your damages if your claim is successful. Instead, your compensation will be dealt with by the NHS Resolution, who act as insurers for the NHS. The Resolution scheme investigates claims made against the NHS and provides its own funds for medical negligence payouts.
For more help on how to claim against the NHS, please contact one of our advisors today.
The Compensation Amounts For NHS Negligence Claims
If your NHS negligence claim is successful, you could be awarded with special and general damages. General damages aim to compensate you for the pain and suffering you experienced as a result of your negligent treatment.
The Judicial College Guidelines (JCG) are commonly used by lawyers and others involved in valuing claims when assigning compensation figures to harm that patients may suffer. Ultimately, they act as suggestive compensation brackets for many different types of harm and their severities.
All entries in the table below, aside from the first entry, have been taken from the JCG for common experiences of harm due to medical negligence. Please note that the JCG are merely guidelines and do not provide a guarantee of how much compensation you will receive.
| Harm | Guideline Amount |
|---|---|
| Multiple Severe Injuries and Special Damages | Up to £1,000,000 |
| Paraplegia | £267,340 to £346,890 |
| Moderate Brain Damage (i) | £183,190 to £267,340 |
| Moderate Brain Damage (ii) | £110,720 to £183,190 |
| Significant Kidney Injuries b) | Up to £78,080 |
| Chest Injuries Causing Continuing Disability (c) | £38,210 to £66,920 |
| Bladder Injuries With Fairly Long-Term Function Interference d) | £28,570 to £38,210 |
| Male Reproductive Injuries -Orchidectomy With Some Psychological Consequences f) | £24,490 to £27,560 |
| Female Reproductive Injuries - Infertility in Someone Who Wouldn't Have Had Children (e) | £8,060 to £22,800 |
If you want to discuss your personal circumstances and see how much your claim could be worth, please contact one of our friendly advisors.
How Will The NHS Compensation Amount Be Determined?
In medical negligence claims, compensation is calculated on a case-by-case basis and is determined by a number of factors. To illustrate, the following factors may influence the amount of compensation you receive:
- The severity of harm
- Your recovery period
- The impact on your daily activities
- The effect on your quality of life
To find out more about what personal factors could influence your compensation payout, please contact our advisory team.
What Other Damages Could Be Compensated In An NHS Claim?
Ultimately, you could also claim for any financial losses you incurred as a result of the medical negligence you experienced. This head of loss is known as special damages, and it aims to reimburse you for financial burdens you incurred. For example, you may have paid out-of-pocket for long-term physiotherapy sessions.
Please see below the examples of special damages that you could include in your claim:
- Loss of earnings
- Home modification costs
- Childcare costs
- Medical expenses
- Travel expenses
Moreover, special damages must be evidenced by:
- Receipts
- Payslips
- Bank statements
- Invoices
Furthermore, you could also be entitled to receive compensation throughout the claims process for any ongoing financial losses. This is known as interim payments, and it can be applied for by your solicitor if necessary. For example, your solicitor could agree that it would be beneficial for you to receive ongoing payments for your loss of earnings while you recover at home.
However, there are eligibility requirements to apply for interim payments. To find out what they are, please contact one of our friendly advisors today.
How Do I Make A No Win No Fee Claim Against The NHS?
To start your claim against the NHS, please contact our advisory team who are available 24 hours, 7 days a week. Following a free eligibility assessment, you could be connected with one of our No Win No Fee solicitors to help support your claim. By operating under a Conditional Fee Arrangement (CFA), your solicitor:
- Won’t require you to pay any solicitor’s fees for completed services if your claim is unsuccessful.
- Won’t ask for a fee for their work upfront or as the case progresses.
- If your claim is successful, you will only be required to pay a small success fee for the work your solicitor has done. Moreover, the percentage will be deducted from your compensation and is capped by law, so you will always receive the bulk of the compensation.
If you’re connected with one of our solicitors, you could enjoy frequent case updates, support for the harm you suffered and professional legal advice. To find out how to claim against the NHS, please contact our advisors today.
Contact Our Medical Negligence Solicitors
For more information about how to claim against the NHS, please contact our experienced advisory team. To get in touch:
- Call us on 0800 073 8804
- Contact us online
- Use our live chat feature
More Information
To learn more about medical negligence claims, please see some of our other guides:
- See the following advice, illustrated with a case study, on how to claim for a penicillin medication error
- Learn about armed forces medical negligence claims
- Get help with making an x-ray negligence claim
Additional external resources:
- See the following advice about getting back to normal after an operation from the NHS
- Learn how to apply for statutory leave and time off from Gov. UK
- Get help with managing sick leave and return to work from HSE
Thank you for reading our guide on how to claim against the NHS.
