Martin taggart

1. What Is NHS Medical Negligence?

NHS medical negligence occurs when a healthcare professional fails to provide the standard level of care, resulting in injury, illness, or worsening of a medical condition. If you have suffered due to substandard treatment, you may be entitled to compensation.

2. Examples of NHS Medical Negligence

Common cases of medical negligence within the NHS include:

• Misdiagnosis or Delayed Diagnosis: Failure to correctly diagnose a condition in time.
• Surgical Errors: Mistakes during operations leading to complications or further surgery.
• Medication Errors: Prescribing or administering the wrong medication or dosage.
• Birth Injuries: Negligence causing harm to the baby or mother during childbirth.
• Poor Aftercare: Inadequate post-surgical or follow-up care leading to complications.

3. Can You Make a Claim Against the NHS?

You can claim compensation if:

• You received negligent medical treatment from an NHS doctor, nurse, surgeon, or hospital.
• The negligence directly caused harm, suffering, or financial losses.
• You file the claim within the three-year time limit from the date of injury or when you became aware of the negligence.

Exceptions apply for children and individuals who lack mental capacity.

4. How Much Compensation Can You Get for NHS Negligence?

Compensation depends on the severity of the negligence and its impact on your life. Estimated payouts include:

• Minor injuries: £1,000 – £10,000
• Moderate injuries requiring long-term treatment: £10,000 – £50,000
• Severe, life-changing injuries: £100,000 – £1,000,000+

Compensation covers medical costs, lost income, pain and suffering, and future care needs.

5. How to Make an NHS Medical Negligence Claim

Follow these steps to start your claim:

• Step 1: Seek Medical Attention – If you are still suffering from the negligence, get medical help.
• Step 2: Make a Formal Complaint – Before taking legal action, submit a complaint through the NHS Complaints Procedure to request an explanation or apology.
• Step 3: Gather Evidence – Collect medical records, prescriptions, test results, and witness statements.
• Step 4: Contact a Medical Negligence Solicitor – A lawyer can assess your case and advise on compensation.
• Step 5: File a Claim with NHS Resolution – Your solicitor will submit the claim to NHS Resolution, which handles compensation cases.
• Step 6: Negotiate or Go to Court – Most cases settle out of court, but if a fair offer is not made, legal proceedings may follow.

6. How Long Does an NHS Medical Negligence Claim Take?

The length of a claim depends on case complexity:

• Simple cases: 6–12 months.
• Moderate cases: 1–3 years.
• Severe cases requiring ongoing medical evaluations: 3+ years.

A solicitor can help speed up the process by ensuring all paperwork and evidence are correctly submitted.

7. What to Do If Your NHS Claim Is Denied

If your claim is rejected:

• Request a Detailed Explanation: Understand why the claim was denied.
• Gather Additional Evidence: Medical records, expert opinions, and witness statements may strengthen your case.
• File an Appeal: Your solicitor can challenge the decision.
• Consider Legal Action: If the NHS refuses to settle, your solicitor may take the case to court.

8. Alternatives to a Compensation Claim

If you do not want to pursue legal action, you can:

• File a Complaint with the NHS Ombudsman – If the NHS does not resolve your complaint, the Parliamentary and Health Service Ombudsman (PHSO) can investigate.
• Request a Review of Your Treatment – You can ask the NHS to reassess your medical care.
• Seek Private Medical Treatment – In some cases, alternative healthcare providers may be able to correct the issue.

9. Frequently Asked Questions

• How much does it cost to make an NHS negligence claim?
  Most solicitors offer no win, no fee agreements, meaning you only pay if you win.
• Can I claim on behalf of a family member?
  Yes, you can claim for children or relatives who lack mental capacity.
• Do I need medical evidence to support my claim?
  Yes, medical records and expert reports are crucial for proving negligence.
• Will making a claim affect my NHS treatment?
  No, you are still entitled to NHS care, and your claim should not impact your future treatment.
• What happens if the NHS admits fault?
  If the NHS accepts responsibility, they may offer an early settlement to cover your damages.
• What is the success rate for NHS negligence claims?
  Around 70% of claims settle before going to court, especially with strong legal representation.

10. Conclusion

NHS medical negligence claims can help victims recover compensation for injuries, lost income, and medical costs. Acting quickly, gathering evidence, and consulting a solicitor can improve your chances of success. Whether negotiating a settlement or taking legal action, professional legal advice ensures you receive the compensation you deserve.