Martin taggart

1. What Is an NHS Negligence Claim?

An NHS negligence claim is a legal action taken against the NHS when a patient suffers harm due to substandard medical care. This can include misdiagnosis, surgical errors, delayed treatment, or medication mistakes. If you have suffered due to medical negligence, you may be entitled to compensation.

2. Examples of NHS Negligence

Common types of NHS negligence claims include:

• Misdiagnosis or Delayed Diagnosis: Failure to correctly diagnose a condition in time.
• Surgical Errors: Mistakes during operations that lead to further complications.
• Medication Mistakes: Prescribing or administering the wrong drug or incorrect dosage.
• Birth Injuries: Harm caused to the mother or baby due to medical errors during childbirth.
• Poor Aftercare: Neglect or failure to monitor a patient’s condition properly.

3. Who Can Make an NHS Negligence Claim?

You may be eligible to file a claim if:

• You suffered injury, illness, or a worsening condition due to NHS negligence.
• The negligent care took place within an NHS hospital, GP surgery, or other NHS service.
• The claim is filed within three years from the date of injury or when you became aware of the negligence.
• Parents or legal representatives can claim on behalf of children or those lacking mental capacity.

4. How Much Compensation Can You Get?

The amount of compensation depends on the severity of the negligence and its impact on your life. Estimated payouts include:

• Minor injuries: £1,000 – £10,000
• Moderate injuries with lasting effects: £10,000 – £50,000
• Severe, life-changing injuries: £100,000 – £1,000,000+

Compensation covers medical costs, lost wages, pain and suffering, and any ongoing care required.

5. How to Make an NHS Negligence Claim

Follow these steps to start your claim:

• Step 1: Seek Medical Help – Ensure you receive proper treatment for your condition.
• Step 2: File an NHS Complaint – Before pursuing a claim, submit a complaint via the NHS Complaints Procedure for an official response.
• Step 3: Gather Evidence – Collect medical records, witness statements, prescriptions, and test results.
• Step 4: Contact a Medical Negligence Solicitor – A lawyer can assess your case and guide you through the claims process.
• Step 5: File a Claim with NHS Resolution – Your solicitor will submit the claim to NHS Resolution, the body responsible for handling NHS compensation cases.
• Step 6: Negotiate a Settlement or Go to Court – Many claims settle out of court, but if a fair offer is not made, legal proceedings may be necessary.

6. How Long Does an NHS Negligence Claim Take?

The time required to settle a claim depends on case complexity:

• Simple cases: 6–12 months.
• Moderate cases: 1–3 years.
• Severe cases: 3+ years (especially if long-term medical evaluations are needed).

7. What If Your NHS Negligence Claim Is Denied?

If your claim is rejected:

• Request a Detailed Explanation: Understand why the claim was denied.
• Gather More Evidence: Obtain expert opinions and additional medical reports.
• File an Appeal: Your solicitor can challenge the decision.
• Consider Taking Legal Action: If the NHS does not settle, your lawyer may take the case to court.

8. Alternatives to an NHS Negligence Claim

If you do not want to take legal action, you can:

• File a Complaint with the NHS Ombudsman – If unhappy with the NHS response, the Parliamentary and Health Service Ombudsman (PHSO) can investigate.
• Request a Review of Your Treatment – You may be entitled to corrective treatment through the NHS.
• Seek Private Healthcare – In some cases, private treatment may be necessary for recovery.

9. Frequently Asked Questions

• How much does it cost to make an NHS negligence claim?
  Many solicitors offer no win, no fee agreements, meaning you only pay if you win your case.
• Can I claim on behalf of a family member?
  Yes, you can file a claim for children or relatives who lack mental capacity.
• Do I need medical evidence to support my claim?
  Yes, medical records, test results, and expert opinions are crucial for proving negligence.
• Will making a claim affect my NHS treatment?
  No, you have the right to continue receiving NHS care, and your claim should not impact your treatment.
• What happens if the NHS admits fault?
  If the NHS accepts responsibility, they may offer a settlement to cover damages without going to court.
• What is the success rate for NHS negligence claims?
  Around 70% of claims settle before going to court, particularly with strong legal representation.

10. Conclusion

NHS negligence claims help victims recover compensation for medical errors, lost income, and suffering. Acting quickly, gathering evidence, and consulting a solicitor can improve your chances of success. Whether through settlement negotiations or court proceedings, legal action ensures you receive the justice and compensation you deserve.