Martin taggart

1. What Is NHS Medical Negligence?

Medical negligence occurs when an NHS doctor, nurse, or healthcare professional provides substandard care that causes injury, illness, or worsens an existing condition. This includes mistakes in diagnosis, treatment, or aftercare that fall below the expected standard of medical care.

2. Examples of NHS Medical Negligence

Common cases of NHS negligence include:

• Misdiagnosis or Delayed Diagnosis – Failing to detect or diagnose conditions like cancer or infections.
• Surgical Errors – Mistakes during operations, leaving instruments inside the body, or unnecessary procedures.
• Medication Errors – Prescribing or administering the wrong drug or incorrect dosage.
• Birth Injuries – Harm caused to the baby or mother due to poor medical care during delivery.
• Inadequate Aftercare – Failing to provide proper follow-up treatment, leading to complications.
• Hospital-Acquired Infections – Infections such as MRSA due to unhygienic conditions or improper care.

3. Who Can Make a Medical Negligence Claim?

You can make a claim if:

• You have suffered harm or injury due to NHS medical negligence.
• You are claiming on behalf of a child or someone unable to claim for themselves.
• You are filing a fatal NHS negligence claim on behalf of a deceased loved one.

4. How to Prove NHS Medical Negligence

To make a successful claim, you must prove:

1. Duty of Care: The NHS had a responsibility to provide proper medical treatment.
2. Breach of Duty: The standard of care fell below acceptable medical practices.
3. Harm or Injury: The negligence caused physical, emotional, or financial suffering.
4. Causation: Your condition worsened directly because of NHS negligence.

5. How to File an NHS Medical Negligence Claim

If you suspect medical negligence, follow these steps:

1. Seek Medical Attention: Get treatment for your condition and request medical records.
2. Document the Incident: Write down dates, symptoms, and conversations with NHS staff.
3. Gather Evidence: Collect hospital reports, test results, and prescriptions.
4. File a Formal Complaint: Report the incident to the NHS before making a legal claim.
5. Consult a Medical Negligence Lawyer: A solicitor will assess your case and guide you through the claims process.

6. How Long Do You Have to Claim?

The time limit for filing an NHS medical negligence claim is usually three years from the date of the incident or when you first became aware of the negligence. Exceptions include:

• Children: Claims can be filed any time before the child turns 18. After that, they have until 21 to claim.
• Mental Capacity Cases: No time limit applies if the patient lacks the mental capacity to claim.

7. What Compensation Can You Receive?

Compensation depends on the severity of the negligence and its impact on your life. You may be entitled to:

• Medical Expenses: Cost of corrective treatment, rehabilitation, or private healthcare.
• Loss of Earnings: Compensation for time off work due to the injury.
• Pain and Suffering: Financial support for physical pain and emotional trauma.
• Ongoing Care Costs: If long-term medical assistance is needed.

8. Can You Make a No Win No Fee Claim?

Yes, many medical negligence solicitors offer no win no fee claims, meaning:

• You pay nothing upfront.
• You only pay if your case is successful (a percentage of your compensation).
• If you lose, you don’t have to pay legal fees.

9. Will You Have to Go to Court?

Most NHS medical negligence claims settle out of court. However, if the NHS disputes the claim, your solicitor may take the case to trial to fight for fair compensation.

10. Conclusion

If you’ve suffered due to NHS medical negligence, you have the right to claim compensation. By consulting an experienced lawyer, gathering evidence, and acting within the legal timeframe, you can seek justice for substandard healthcare. Don’t delay—start your NHS negligence claim today.