1. What Are NHS Negligence Solicitors?
NHS negligence solicitors are legal experts who specialise in handling medical negligence claims against the National Health Service. They help patients who’ve suffered harm due to:
- Misdiagnosis
- Surgical errors
- Birth injuries
- Delayed treatment
- Infections acquired in hospital
Their job is to prove that the care received fell below an acceptable standard and caused avoidable harm.
2. When Can You Claim Against the NHS?
You may be eligible to claim if:
- A healthcare provider made a clinical error or showed negligence
- The negligence caused you injury, illness, or worsened your condition
- The claim is made within the legal time limit (typically 3 years)
You can also claim on behalf of:
- A child (before they turn 21)
- A person who lacks mental capacity
- A deceased loved one (for dependency or wrongful death)
3. Common Types of NHS Negligence Claims
Examples include:
- Surgical errors (wrong site surgery, retained instruments)
- GP negligence (failure to refer, misprescription)
- Birth injuries (cerebral palsy, nerve damage)
- A&E negligence (delayed diagnosis, discharge errors)
- Cancer misdiagnosis or delayed treatment
- Dental negligence
These claims cover both physical and psychological harm.
4. What Can NHS Negligence Solicitors Help You Claim?
A successful claim may include:
- General damages for pain and suffering
- Special damages, such as:
- Ongoing medical treatment or private healthcare
- Rehabilitation and therapy costs
- Loss of earnings and future income
- Care or assistance
- Travel expenses related to treatment
Solicitors ensure you claim for both current and future losses.
5. How to Choose the Right NHS Negligence Solicitor
When selecting a solicitor:
- Choose one specialising in clinical negligence
- Look for membership in panels like Action Against Medical Accidents (AvMA) or Law Society Clinical Negligence Accreditation
- Ask about their track record with NHS cases
- Ensure they offer No Win No Fee
- Check client reviews and testimonials for satisfaction levels
Experience in navigating NHS Resolution (the NHS legal defence body) is essential.
6. No Win No Fee NHS Negligence Claims
Most solicitors offer No Win No Fee agreements, meaning:
- You don’t pay legal fees unless the case is won
- Fees are taken from your compensation (capped at 25%)
- You may need to take out After the Event (ATE) insurance to cover costs if you lose
This makes justice accessible without financial risk.
7. How Long Do NHS Negligence Claims Take?
Depending on complexity and whether liability is admitted, claims can take:
- 12 to 18 months if straightforward
- 2 to 3 years or longer for complex cases or where multiple expert reports are needed
Your solicitor will keep you informed throughout the process.
8. Time Limits for Making a Claim
In the UK, the standard time limit is three years from:
- The date the negligence occurred, or
- The date you became aware it caused your injury
For children, the time limit starts on their 18th birthday. No time limit applies while a claimant lacks mental capacity.
9. What Evidence Do You Need?
To support your case, your solicitor will gather:
- Full medical records
- Expert opinions from independent doctors
- Witness statements
- Financial documents for loss of income or treatment costs
Strong evidence is key to proving that negligence caused harm and justifies compensation.
Frequently Asked Questions
1. Can I sue the NHS for negligence?
Yes. If the care you received caused harm and fell below the expected standard, you can claim.
2. Will claiming affect my future NHS care?
No. You have the legal right to pursue compensation without impact on your treatment.
3. How much compensation can I receive?
It depends on the severity of the injury, future needs, and financial losses. Claims range from thousands to several million pounds.
4. Will I have to go to court?
Most NHS claims settle out of court. A trial is only necessary if liability or compensation is disputed.
5. Can I claim on behalf of someone else?
Yes, for children, individuals lacking capacity, or someone who has died due to negligence.
6. Is NHS negligence compensation taxable?
No. Compensation for personal injury is not taxable in the UK.
Conclusion
Choosing the right NHS negligence solicitor is crucial when seeking justice for medical mistakes. With expert guidance, No Win No Fee representation, and a thorough investigation process, you can claim the compensation you deserve. Don’t delay—act within the time limits and protect your right to fair treatment and recovery.
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