Victim of NHS Negligence? Here's What to Do Next

Table of Contents

1. What Is NHS Negligence?

NHS negligence occurs when an NHS healthcare provider delivers substandard care that directly causes harm, injury, or worsened medical conditions. This can happen in hospitals, GP surgeries, dental practices, or mental health services across the UK.

2. What Are Common Examples of NHS Negligence?

Examples include:

Misdiagnosis or delayed diagnosis
Surgical errors or complications
Poor hygiene resulting in hospital-acquired infections
Errors in prescribing or administering medication
Birth injuries to mother or baby
Failure to monitor a patient properly
Inadequate consent or record keeping

Negligence must result in actual harm—not just a mistake—to qualify for compensation.

3. Who Can Make an NHS Negligence Claim?

You can claim if:

You were a patient who received negligent treatment
A loved one was harmed or died due to NHS care
You’re acting on behalf of someone with no mental capacity

Claims can also be made for children or deceased patients by a parent, guardian, or next of kin.

4. What Can You Claim Compensation For?

An NHS negligence claim can include:

General Damages:

Pain, suffering, and loss of quality of life
Psychological harm

Special Damages:

Past and future medical treatment costs
Lost income and future earning potential
Travel expenses
Rehabilitation and therapy
Home modifications or mobility aids
Costs of ongoing care or support

5. How Much Compensation Can You Receive?

Compensation varies based on severity and impact. Example figures:

Minor injury from NHS error: £1,000 – £5,000
Moderate surgical error or misdiagnosis: £10,000 – £100,000
Serious long-term harm or disability: £100,000 – £1,000,000+

Special damages increase the total payout if financial losses are well documented.

6. How to Prove NHS Negligence

To succeed in your claim, you must show:

A duty of care existed (automatic for NHS treatment)
That duty was breached by substandard care
You suffered harm directly as a result

Supporting evidence includes:

Medical records
Independent expert medical opinions
Witness statements
Complaint documents and NHS responses
Proof of financial loss

7. How to Make an NHS Negligence Claim

Request your full medical records
Speak to a medical negligence solicitor
Obtain expert medical reports to confirm the breach of care
Submit a Letter of Claim to NHS Resolution (the body handling NHS claims)
Negotiate a settlement or proceed to court if necessary

8. Time Limits for NHS Negligence Claims

You must start your claim within three years from:

The date of the negligent act, or
When you became aware the harm was caused by negligence

Exceptions:

Children: Time starts at their 18th birthday
People without mental capacity: No time limit while capacity is lacking

9. No Win No Fee NHS Negligence Claims

Most solicitors offer no win no fee terms:

No upfront costs
Pay only if the case wins
Fees are deducted from your compensation (capped at 25%)

This allows you to claim without the fear of legal bills.

10. Will My Case Go to Court?

Most NHS negligence claims are settled out of court. However, if NHS Resolution disputes liability or the compensation amount, court proceedings may be necessary. Your solicitor will guide you through every step.

Frequently Asked Questions

Q1: Can I claim for emotional distress caused by NHS negligence?
Yes. Psychological harm is a valid part of general damages.

Q2: How long does a claim take?
Simple claims: 12–18 months
Complex claims: 2–3 years or more

Q3: Can I claim for negligence from a GP or dentist?
Yes. All NHS services, including GPs, dentists, and midwives, can be held liable for negligence.

Q4: What if I signed a consent form before treatment?
Consent doesn’t protect against negligent care. You can still claim if treatment was below standard.

Q5: What is NHS Resolution?
It’s the government body that handles legal claims against NHS trusts in England.

Q6: Can I claim on behalf of someone who died?
Yes. You can claim as their next of kin or estate representative.

Conclusion

Suffering from NHS negligence can be deeply distressing—but the law gives you the right to seek justice and compensation. With the help of an experienced solicitor and a no win no fee agreement, you can hold the NHS accountable and access the financial support you need for recovery. Take the first step today by seeking legal advice.

Martin taggart