Martin taggart

How to Make a Claim Against NHS for Compensation

1. Can You Make a Claim Against the NHS?

Yes, you can make a claim against the NHS if you have suffered harm due to medical negligence. This includes situations where NHS staff failed to provide the expected standard of care, leading to injuries, misdiagnoses, delayed treatment, or other avoidable harm.

To succeed in a claim, you must prove:

  • Breach of Duty – The NHS failed to provide an adequate standard of care.
  • Causation – The negligence directly caused your injury or worsened your condition.

2. Common Reasons for NHS Negligence Claims

Claims against the NHS often involve:

  • Misdiagnosis or Late Diagnosis – Delays in diagnosing serious conditions like cancer, heart disease, or infections.
  • Surgical Errors – Wrong-site surgery, retained surgical instruments, or preventable complications.
  • Medication Errors – Prescribing or administering the wrong medication or incorrect dosages.
  • Birth Injuries – Harm to the mother or baby due to poor care during childbirth.
  • Hospital-Acquired Infections – Contracting infections like MRSA due to lack of hygiene.
  • Failure to Provide Treatment – NHS negligence resulting in delays in essential care.

3. How to Make a Claim Against the NHS

Step 1: Gather Evidence

  • Request medical records from the NHS.
  • Keep documentation of symptoms, treatments, and medical negligence incidents.
  • Collect witness statements if possible.

Step 2: File an NHS Complaint

  • Submit a formal complaint through the NHS Complaints Procedure.
  • You have 12 months from the incident to file a complaint.
  • The NHS is required to respond within six months.
  • Consult a medical negligence solicitor to assess your case.
  • Many solicitors offer no win, no fee representation.

Step 4: Medical Expert Review

  • Independent medical professionals will assess whether NHS negligence occurred.

Step 5: Negotiation or Court Proceedings

  • Most NHS negligence claims settle out of court through negotiations.
  • If no settlement is reached, the case may proceed to trial.

4. Time Limits for Making a Claim Against the NHS

  • General NHS Negligence Claims – Must be filed within three years from the date of the incident or diagnosis.
  • Children’s Claims – Parents can claim until the child turns 18, after which they have until 21 to file a claim.
  • Mental Capacity Cases – No time limit applies if the victim lacks mental capacity to make legal decisions.

5. How Much Compensation Can You Receive?

Compensation varies based on:

  • The severity of the injury and its long-term effects.
  • Impact on daily life and employment.
  • Future medical needs and care costs.

Average NHS Negligence Payouts

  • Minor Cases: £1,000 – £10,000
  • Moderate Injuries: £10,000 – £50,000
  • Serious Cases (e.g., Birth Injuries, Brain Damage): £100,000 – £1 million+

6. No Win, No Fee NHS Claims

Most solicitors offer no win, no fee services, meaning:

  • No upfront costs.
  • The solicitor takes a percentage of the final compensation (usually 25%).
  • If the case is unsuccessful, you pay nothing.

Frequently Asked Questions

1. Can I sue the NHS for emotional distress?
Yes, if emotional distress is linked to medical negligence, you can claim compensation.

2. How long does an NHS claim take?
Most cases take 12-36 months, depending on complexity.

3. Can I claim if I signed a consent form?
Yes, signing a consent form does not excuse negligence.

4. Will suing the NHS affect my future treatment?
No, the NHS must continue providing care regardless of legal action.

5. What if my NHS complaint is ignored?
A solicitor can escalate the case and file a legal claim.

6. Can I claim on behalf of a deceased relative?
Yes, if medical negligence contributed to their death.

Conclusion

Making a claim against the NHS can help secure compensation for injuries caused by medical negligence. If you’ve suffered due to poor NHS care, seeking legal advice can ensure you get the justice and financial support you deserve.

Trisha Lee