1. What Are NHS Medical Negligence Claims?
NHS medical negligence claims involve seeking compensation after suffering harm due to substandard care by NHS healthcare professionals. If a mistake, error, or delay caused your injury or worsened your condition, you may have grounds for a claim.
Common claims involve:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication mistakes
- Birth injuries (to mother or baby)
- Negligent aftercare or infection control
The NHS has a duty to provide safe, competent care at all times. When they fail, you have legal rights.
2. Can You Claim Against the NHS?
Yes. You can bring a claim against the NHS for:
- Hospitals (both general and specialist units)
- GPs (family doctors)
- NHS dentists
- Community healthcare services
- Mental health services
The claim is usually managed through NHS Resolution, the body that handles NHS compensation claims.
3. What Can You Claim Compensation For?
You may be entitled to claim for:
- General damages: Pain, suffering, and loss of enjoyment
- Special damages:
- Medical expenses (past and future)
- Loss of earnings and future earning potential
- Care and assistance costs
- Travel expenses for medical treatment
- Rehabilitation and therapy
- Home modifications for disabilities
A solicitor will work out the full financial and emotional cost of the negligence.
4. How Much Compensation Could You Receive?
Payouts depend on the severity and impact of the negligence:
- Minor mistakes with short recovery: £1,000 – £5,000
- Moderate injuries needing ongoing treatment: £10,000 – £50,000
- Severe permanent disability or life-changing injuries: £100,000 – £1 million+
Each case is different, and independent medical experts assess the true value of your claim.
5. Time Limits for NHS Negligence Claims
You must usually start your claim within three years from:
- The date of the negligent treatment, or
- The date you first realised your injury was caused by negligence (known as the “date of knowledge”)
Exceptions:
- Children: Time limit starts at their 18th birthday
- Mental incapacity: No time limit until capacity is regained
- Deceased patients: Three years from the date of death or post-mortem results
6. How to Start an NHS Medical Negligence Claim
- Contact a solicitor specialising in medical negligence claims
- Request your medical records – your solicitor can help
- Undergo an independent medical examination arranged by your solicitor
- Submit a formal Letter of Claim to NHS Resolution
- Negotiate a settlement or, if necessary, proceed to court
Most cases settle out of court through negotiation.
7. Do You Have to Go to Court?
Not usually. Over 98% of NHS negligence claims settle without a court trial. Your solicitor will prepare thoroughly just in case but will aim for a fair out-of-court resolution.
8. What Evidence Do You Need for a Strong Claim?
Evidence should include:
- Full medical records
- A detailed witness statement from you (and others, if applicable)
- Expert reports from independent medical professionals
- Proof of financial losses (e.g., payslips, invoices)
Your solicitor manages the evidence gathering and builds the case on your behalf.
9. No Win No Fee NHS Negligence Claims
Most solicitors offer no win no fee agreements, meaning:
- No upfront legal costs
- No fees if your case fails
- A pre-agreed success fee (capped by law) if you win
This makes claiming accessible to everyone, regardless of financial situation.
10. Choosing the Right Solicitor for Your NHS Claim
Pick a solicitor who:
- Specialises in NHS and clinical negligence claims
- Offers no win no fee funding
- Has excellent client reviews and a proven success rate
- Is regulated by the Solicitors Regulation Authority (SRA)
- Provides clear, compassionate advice
Specialist solicitors know how to challenge NHS evidence and maximise your compensation.
Frequently Asked Questions
Q1: Is it wrong to claim against the NHS?
A: No. The NHS is insured for claims, and holding it accountable improves care standards for everyone.
Q2: Can I claim if the treatment worsened an existing condition?
A: Yes. You can claim for any additional harm caused by negligent treatment.
Q3: What if my case involves a death?
A: You can pursue a wrongful death claim, covering bereavement damages, funeral expenses, and loss of financial support.
Q4: How long will my NHS claim take?
A: Straightforward cases: 12–18 months. Complex claims: 2–3+ years.
Q5: Can I claim if I didn’t complain to the hospital first?
A: Yes. Filing a complaint is separate from making a compensation claim, but it can provide helpful evidence.
Q6: What happens if my claim fails?
A: Under no win no fee, you won’t have to pay your solicitor’s legal fees if your claim is unsuccessful.
Conclusion
NHS medical negligence claims help victims get justice and support when public healthcare systems fail them. Whether you’ve suffered due to misdiagnosis, surgical errors, or poor aftercare, claiming compensation can ease the financial burden and offer closure. Don’t hesitate—speak to an experienced solicitor today to secure the outcome you deserve.
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