Meta Description: Find out exactly how to make a claim against the NHS for medical negligence or poor care with this step-by-step legal guide.
1. Understand When You Can Claim Against the NHS
You can make a claim against the NHS if you’ve suffered harm due to substandard medical treatment. This includes:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication mistakes
- Inadequate aftercare
- Birth injuries
The key is proving that the NHS breached its duty of care and caused avoidable harm.
2. Gather Evidence of Negligence
Start collecting relevant evidence to support your claim:
- Medical records
- Letters or emails from the hospital
- A written account of what happened
- Photographs of any physical injuries
Solid documentation helps establish the facts and strengthens your case.
3. Request a Copy of Your Medical Records
Under the UK General Data Protection Regulation (UK GDPR), you have the right to access your full medical records. These can be requested directly from the NHS Trust involved and are essential for reviewing what went wrong.
4. Make a Formal Complaint First
Before starting legal action, it’s advisable to file a complaint directly with the NHS. Use the NHS complaints procedure to:
- Express your concerns
- Request an explanation or apology
- Seek improvements in care standards
You must do this within 12 months of the incident or when you became aware of it.
5. Consider Legal Representation
Contact a solicitor who specializes in medical negligence. They will:
- Evaluate the strength of your case
- Help gather expert opinions
- Guide you through legal procedures
Many offer a no-win, no-fee agreement to reduce financial risk.
6. Establish the Legal Basis of Your Claim
To make a successful claim against the NHS, you need to prove:
- Duty of care: The NHS owed you a duty to provide safe treatment.
- Breach of duty: They failed to meet expected standards.
- Causation: Their failure directly caused your injury or worsened your condition.
- Damages: You suffered measurable harm, either physical, emotional, or financial.
7. Begin the Legal Claim Process
Once your solicitor is confident in your case, they will submit a Letter of Claim to the NHS Trust outlining the allegations, the harm caused, and the compensation sought. The NHS then has four months to respond.
8. Prepare for an NHS Investigation
NHS Resolution, the legal body for handling claims, will assess your case and may:
- Accept liability and offer a settlement
- Deny liability, requiring further legal steps
Your solicitor will handle all correspondence and guide your next moves.
9. Negotiate a Settlement
If the NHS admits fault, your solicitor will negotiate a fair settlement covering:
- Pain and suffering
- Medical costs
- Loss of income
- Future care needs
If no agreement is reached, you may proceed to court.
10. Proceed to Court if Necessary
Most NHS claims are settled out of court. But if your case goes to trial, your solicitor will represent you, present evidence, and seek a favourable ruling. Courts have the authority to award appropriate compensation.
Frequently Asked Questions
Q1: Is there a time limit to claim against the NHS?
Yes, you usually have three years from the date of injury or when you first discovered the harm to start your claim.
Q2: Will claiming against the NHS affect my future care?
No, the NHS must continue to provide care regardless of legal action. Your treatment should not be impacted.
Q3: Can I claim on behalf of someone else?
Yes, you can claim on behalf of a child, a relative who lacks mental capacity, or someone who has passed away due to NHS negligence.
Q4: How much compensation can I receive?
The amount depends on the severity of the harm, impact on your life, and financial losses. Your solicitor will estimate your potential payout.
Q5: What if the NHS denies liability?
If liability is denied, your solicitor may gather further expert evidence and proceed to litigation if necessary.
Q6: Is a formal complaint required to make a claim?
Not legally, but it’s strongly recommended. It may resolve the issue without going to court and can provide useful evidence for your case.
Conclusion
Knowing how to make a claim against the NHS is essential if you or a loved one has suffered due to medical negligence. By understanding the process, gathering evidence, and working with an experienced solicitor, you can seek justice and compensation confidently. Take action early and protect your rights with professional support.
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