1. What Is NHS Negligence?
NHS negligence occurs when a patient receives substandard care from NHS healthcare professionals, resulting in harm, injury, or worsening of their condition. Common types of NHS negligence include:
- Misdiagnosis or delayed diagnosis
- Surgical mistakes
- Birth injuries
- Medication errors
- Poor hospital hygiene leading to infections
- Negligent aftercare
If you’ve been affected, you may be entitled to claim compensation.
2. What Does ‘No Win No Fee’ Mean?
A no win no fee agreement, also called a Conditional Fee Agreement (CFA), allows you to make a claim without paying any upfront costs. If your case is unsuccessful, you won’t owe your solicitor anything.
If the claim is successful:
- A success fee (usually up to 25% of your compensation) is deducted
- Some legal costs may be covered by the losing party or an insurance policy
This makes it easier for anyone to pursue justice without financial risk.
3. Who Can Make an NHS Negligence No Win No Fee Claim?
You can claim if:
- You received negligent treatment from the NHS
- You suffered physical or psychological harm as a result
- You can prove the treatment directly caused the harm
- The negligence occurred within the last three years
Claims can also be made on behalf of:
- Children (until their 21st birthday)
- Individuals who lack mental capacity
- Deceased relatives (within three years of the date of death)
4. What Can You Claim Compensation For?
A successful NHS negligence claim may cover:
- General damages: Pain, suffering, and loss of amenity
- Special damages: Financial losses, such as:
- Medical expenses
- Loss of earnings
- Cost of care or rehabilitation
- Travel and therapy costs
- Home adaptations (for long-term injuries)
Solicitors use independent medical assessments to calculate the full value of your claim.
5. Benefits of No Win No Fee NHS Negligence Claims
- No financial risk: You only pay if your case wins
- Accessible legal help: No upfront legal fees required
- Motivated representation: Your solicitor only gets paid if you do
- Peace of mind: Expert handling of complex medical-legal processes
This option is especially useful for those unsure about taking legal action due to cost concerns.
6. How Long Does a Claim Take?
- Straightforward cases: 12–18 months
- Complex cases: 2–3 years, especially if liability is disputed or the injury is severe
Medical evidence and NHS internal investigations can take time, so it’s best to start early.
7. Will You Have to Go to Court?
In most cases, no. NHS negligence claims are often settled out of court through negotiation. However, if liability is disputed or the settlement offer is too low, your solicitor may recommend proceeding to court.
8. Steps to Make an NHS Negligence No Win No Fee Claim
- Contact a solicitor with expertise in clinical negligence
- Request your medical records (your solicitor will help)
- Undergo an independent medical assessment
- Submit a formal Letter of Claim to the NHS
- Negotiate a settlement or proceed to court if necessary
Solicitors handle the process and protect your rights throughout.
9. Choosing the Right Solicitor
Look for a firm that:
- Specialises in medical negligence
- Offers no win no fee agreements
- Has strong client reviews and case outcomes
- Is regulated by the Solicitors Regulation Authority (SRA)
- Provides transparent, no-obligation consultations
Experience in NHS-specific claims is crucial due to the complexity of procedures and standards.
10. Common Mistakes to Avoid
- Delaying your claim beyond the three-year limit
- Not keeping records of symptoms, appointments, or treatments
- Choosing a general solicitor over a medical negligence specialist
- Accepting low settlement offers without legal advice
Avoid these to improve your chances of a successful outcome.
Frequently Asked Questions
Q1: Is it ethical to sue the NHS?
A: Yes. The NHS has insurance to cover claims, and holding providers accountable helps improve patient safety.
Q2: Will I harm my relationship with my GP or hospital?
A: No. Claims are handled by NHS Resolution and do not directly impact your care team.
Q3: What if my case fails?
A: Under no win no fee terms, you won’t owe any legal fees if your claim is unsuccessful.
Q4: Can I claim if I didn’t suffer a physical injury?
A: Yes. Psychological injuries and trauma can also be grounds for a claim.
Q5: Can I claim for delayed treatment?
A: Yes, if the delay caused harm or worsened your condition.
Q6: Can I get help gathering evidence?
A: Your solicitor will request medical records and arrange expert assessments on your behalf.
Conclusion
If you’ve suffered due to NHS medical negligence, a no win no fee arrangement allows you to seek justice and compensation without financial pressure. With the right legal team by your side, you can confidently pursue your case and focus on recovery. Don’t wait—speak to a solicitor today and take the first step toward resolution.
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