Martin taggart

1. What Are No Win No Fee NHS Claims?

A no win no fee NHS claim allows victims of medical negligence to pursue compensation without paying upfront legal fees. If the claim is unsuccessful, you won’t have to pay your lawyer. This makes it easier for patients to seek justice without financial risk.

2. What Qualifies as NHS Medical Negligence?

To make a claim, you must prove that an NHS doctor, nurse, or medical professional provided substandard care that caused harm. Examples of NHS negligence include:

• Misdiagnosis or Delayed Diagnosis: Failing to identify illnesses like cancer or infections in time.
• Surgical Errors: Mistakes during operations, leaving objects inside the body, or unnecessary surgeries.
• Medication Errors: Prescribing or administering the wrong drug or dosage.
• Birth Injuries: Harm caused to the baby or mother due to negligence during delivery.
• Hospital-Acquired Infections: Infections like MRSA due to poor hygiene or improper care.
• Failure to Obtain Consent: Performing a procedure without fully informing the patient of risks.

3. Who Can Make an NHS Negligence Claim?

You may be eligible to claim if:

• You were personally affected by medical negligence.
• You are acting on behalf of a child or someone who cannot claim for themselves.
• You are making a fatal NHS negligence claim on behalf of a deceased relative.

4. How to Start a No Win No Fee NHS Claim

If you believe you have suffered due to NHS negligence, follow these steps:

1. Seek Medical Attention: Get treatment for your condition and request copies of your medical records.
2. Gather Evidence: Document details of what happened, including dates, symptoms, and conversations with NHS staff.
3. Speak to a No Win No Fee Solicitor: A medical negligence lawyer will assess your case and determine if you have a strong claim.
4. File the Claim: Your lawyer will send a formal complaint to the NHS, outlining the negligence and the harm caused.
5. Negotiate a Settlement: The NHS may offer a settlement, or the case may go to court if no agreement is reached.

5. What Compensation Can You Receive?

The amount you can claim depends on the severity of your case and the impact on your life. Compensation may cover:

• Medical Costs: Expenses for corrective treatments, rehabilitation, or private healthcare.
• Loss of Earnings: Compensation for time off work due to negligence.
• Pain and Suffering: Physical and emotional distress caused by the incident.
• Care and Support: Financial help for ongoing care if the injury caused long-term damage.

6. How Long Do You Have to Make an NHS Negligence Claim?

In the UK, you typically have three years from the date of the negligence or when you first became aware of the injury to file a claim. Exceptions apply for:

• Children: Parents can claim on behalf of a child anytime before they turn 18. After that, they have until age 21 to claim.
• Mental Capacity Cases: No time limit applies if the patient lacks the mental capacity to claim.

7. How Does No Win No Fee Work?

With a no win no fee agreement:

• You pay nothing upfront.
• If you win, your lawyer’s fee is deducted from the compensation (usually around 25%).
• If you lose, you pay nothing as long as you follow your lawyer’s advice.

8. Will You Have to Go to Court?

Most NHS negligence cases settle out of court. However, if the NHS disputes your claim, your lawyer may take the case to trial to fight for compensation.

9. Why Choose a No Win No Fee Solicitor?

• Risk-Free: No financial burden if your case is unsuccessful.
• Expert Legal Advice: Medical negligence lawyers know how to build strong cases.
• Higher Chance of Winning: Lawyers work harder when their payment depends on winning the case.

10. Conclusion

If you’ve suffered due to NHS medical negligence, a no win no fee NHS claim offers a risk-free way to seek compensation. By consulting a specialist solicitor, gathering evidence, and taking action quickly, you can fight for justice and recover financial support for your suffering.