How to Make a No Win No Fee NHS Claim in the UK

1. What Is a No Win No Fee NHS Claim?

A no win no fee NHS claim allows patients to seek compensation for medical negligence without paying upfront legal fees. If your claim is unsuccessful, you won’t have to pay solicitor fees, making it a risk-free option.

2. Who Can Make an NHS Negligence Claim?

You may be eligible for compensation if:

  • You suffered harm due to negligent NHS treatment.
  • A misdiagnosis or delayed diagnosis worsened your condition.
  • Surgical errors, prescription mistakes, or poor aftercare caused injury.

3. Common Types of NHS Negligence Claims

  • Misdiagnosis or Delayed Diagnosis – Failure to diagnose serious conditions like cancer.
  • Surgical Errors – Mistakes during surgery causing harm.
  • Medication Errors – Wrong prescription or incorrect dosage.
  • Birth Injuries – Harm to the baby or mother during delivery.
  • Poor Aftercare – Infections, complications, or neglect in hospital treatment.

4. What Compensation Can You Claim?

A no win no fee NHS claim may cover:

  • Medical Expenses – Treatment, therapy, and rehabilitation.
  • Loss of Earnings – Compensation for time off work.
  • Pain and Suffering – Physical and emotional distress.
  • Ongoing Care Costs – If long-term care or home adjustments are needed.

5. How Much Compensation Can You Receive?

The amount depends on the severity of the negligence:

  • Minor Cases (medication errors, short-term issues): £1,000 – £10,000
  • Moderate Cases (misdiagnosis, delayed treatment): £10,000 – £50,000
  • Severe Cases (surgical errors, birth injuries, life-changing harm): £50,000 – £500,000+

6. How Long Do You Have to Make a Claim?

In the UK, the standard time limit is three years from:

  • The date of the negligent treatment.
  • The date you became aware of the negligence.

Exceptions apply for children and individuals with mental incapacity.

7. How No Win No Fee NHS Claims Work

  • No Upfront Costs: You don’t pay legal fees at the start.
  • Success Fee Deduction: If your claim is successful, your solicitor takes a percentage (up to 25%) from your compensation.
  • No Charge if You Lose: If your case is unsuccessful, you don’t pay solicitor fees.

8. How Long Does an NHS Negligence Claim Take?

  • Simple cases – Settled within 6 to 12 months if the NHS admits fault early.
  • Complex cases – May take 12 months or more, especially if medical reports or court proceedings are needed.

9. Steps to Start Your No Win No Fee NHS Claim

  1. Gather Medical Records – Collect evidence of the negligence.
  2. Seek a Second Medical Opinion – Prove that NHS treatment was substandard.
  3. Consult a Solicitor – A medical negligence lawyer will guide you.
  4. File Your Claim – Your solicitor will handle negotiations and legal action.

10. Frequently Asked Questions

Can I claim against the NHS for a loved one?
Yes, if they are deceased or unable to claim due to mental incapacity.

Will my claim affect my NHS treatment?
No, you will still receive care as normal.

How much do solicitors charge for NHS claims?
Under No Win No Fee, solicitors take a success fee of up to 25% from your final settlement.

Do I need to go to court?
Most claims settle out of court, but if necessary, your solicitor will represent you.

What if my claim is unsuccessful?
You won’t have to pay solicitor fees, but check if additional costs (such as insurance) apply.

Conclusion

If you’ve suffered due to NHS negligence, a no win no fee NHS claim allows you to seek compensation without financial risk. With expert legal support, you can claim for medical costs, lost wages, and pain and suffering. Contact a solicitor today to start your claim.