Martin taggart

How to Make a Claim Against NHS for Negligence & 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 misdiagnosis, surgical errors, delayed treatment, birth injuries, or medication mistakes.

To succeed, you must prove:

  • Duty of Care Breach – The NHS staff failed to provide the expected level of care.
  • Causation – The negligence directly caused your injury or worsened your condition.

2. Common Reasons for NHS Negligence Claims

You may be able to sue the NHS for:

  • Misdiagnosis or Late Diagnosis – Delays in diagnosing serious conditions like cancer.
  • Surgical Errors – Mistakes during surgery, leaving objects inside the body, or wrong-site surgery.
  • Medication Errors – Prescribing or administering incorrect medication.
  • Birth Injuries – Harm to the mother or baby due to poor care.
  • Hospital-Acquired Infections – Contracting infections like MRSA due to poor hygiene.
  • Delayed or Incorrect Treatment – Failing to provide the correct treatment on time.

3. How to Make a Claim Against the NHS

Step 1: Gather Evidence

  • Request medical records from the NHS.
  • Keep photos, prescriptions, and test results.
  • Get witness statements from family or other professionals.

Step 2: File a Formal NHS Complaint

  • Submit a complaint via the NHS Complaints Procedure.
  • You have 12 months from the incident to file a complaint.
  • NHS must respond within six months.
  • A medical negligence solicitor can assess your case.
  • Most offer no win, no fee representation.

Step 4: Medical Expert Review

  • A medical professional will assess if negligence occurred.

Step 5: Negotiation or Court Proceedings

  • Many NHS claims settle out of court.
  • If no agreement is reached, the case may proceed to trial.

4. Time Limits for Making a Claim Against the NHS

  • General Negligence Claims – 3 years from the date of injury or diagnosis.
  • For Children – Parents can claim until the child turns 18; after that, they have until 21.
  • Mental Capacity Cases – No time limit if the victim lacks mental capacity.

5. How Much Compensation Can You Receive?

Compensation depends on:

  • Severity of the injury.
  • Impact on daily life and employment.
  • Future medical costs and care needs.

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 claims, meaning:

  • No upfront costs.
  • A success fee (typically 25%) is taken from the final payout.
  • If the claim 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, a signed 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 to legal proceedings.

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