1. What Is an NHS Negligence Claim?
An NHS negligence claim is a legal process through which a patient seeks compensation after suffering harm due to substandard medical care provided by an NHS trust, hospital, or staff member. It typically involves proving that the care fell below an acceptable standard and directly caused injury or illness.
2. Common Types of NHS Negligence
Negligence claims against the NHS often stem from:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Birth injuries to mother or child
- Medication mistakes
- Poor aftercare or infection control
- Failure to obtain informed consent
Each case requires detailed evidence to support the claim.
3. The Standard of Proof
To succeed, you must prove:
- The NHS breached its duty of care
- That breach caused you harm (causation)
- The injury or loss was foreseeable and avoidable
This is assessed using the “Bolam Test,” which examines whether a competent body of medical professionals would have acted similarly under the circumstances.
4. Time Limit for Filing a Claim
In most cases, you have three years from the date of the negligent act or from when you became aware of it. Exceptions apply for children (the clock starts at age 18) and those who lack mental capacity.
5. Steps to Take Before Making a Claim
- Request your full medical records from the NHS
- Submit a formal complaint through the NHS complaints procedure
- Gather all supporting documents (prescriptions, letters, hospital reports)
- Seek legal advice from a medical negligence solicitor
Complaining doesn’t stop you from making a legal claim but can provide useful information and a written record.
6. The Role of Medical Experts
A key part of any negligence claim against the NHS is expert testimony. Independent medical experts assess whether the care you received met acceptable standards and whether any failings caused your injury.
7. Types of Compensation You Can Claim
You may be entitled to damages for:
- Pain and suffering
- Loss of earnings
- Medical expenses and future treatment costs
- Care and support needs
- Travel and accommodation expenses
- Psychological trauma
Compensation is tailored to the severity and long-term impact of your injuries.
8. NHS Resolution Handles Claims
Claims are typically defended by NHS Resolution, the legal body responsible for managing litigation against NHS organisations. They will negotiate, offer settlements, or contest the case in court.
9. Settlements Are Common
Most negligence claims against the NHS are settled out of court. Your solicitor will negotiate with NHS Resolution to achieve a fair settlement. Going to court may only be necessary if liability or compensation value is strongly disputed.
10. No Win, No Fee Legal Help Is Available
Specialist medical negligence solicitors often offer no win, no fee agreements, so you don’t pay unless your claim is successful. This allows victims to pursue justice without the fear of upfront costs.
Frequently Asked Questions
Q1: Can I claim on behalf of a child or deceased relative?
Yes. Parents can claim for children, and family members can claim for deceased loved ones under the Fatal Accidents Act or Law Reform Act.
Q2: What if I’m still being treated by the NHS?
You can still make a claim. Your legal rights are not affected by ongoing NHS care, though some may feel more comfortable transferring providers.
Q3: How long does an NHS negligence claim take?
Typically 1–3 years, depending on the complexity of the case and whether it goes to court.
Q4: Will the NHS admit fault?
Not always. They may deny liability unless the evidence strongly supports your case, which is why having expert legal representation is vital.
Q5: Can I claim if the NHS offered an apology?
Yes. An apology doesn’t waive your right to claim. You are still entitled to pursue legal action if you suffered harm.
Q6: Is compensation taxable?
No. Personal injury compensation, including that from medical negligence claims, is not subject to income tax.
Conclusion
Filing a negligence claim against the NHS can feel daunting, but understanding your rights and working with the right legal support can make all the difference. Whether you’ve suffered due to a misdiagnosis, surgical mistake, or poor care, you have the right to seek justice and fair compensation.
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