1. What Is a No Win No Fee NHS Negligence Claim?
A no win no fee NHS negligence claim allows patients to seek compensation for substandard medical care without paying legal fees upfront. If your claim is unsuccessful, you won’t pay your solicitor’s fees.
2. What Qualifies as NHS Negligence?
You may have a claim if an NHS healthcare provider failed in their duty of care, resulting in harm. Common cases include:
- Misdiagnosis or Delayed Diagnosis – Failure to detect a serious illness in time.
- Surgical Errors – Mistakes during operations causing complications.
- Medication Mistakes – Incorrect prescriptions or dosages.
- Birth Injuries – Harm to mother or baby due to negligence.
- Negligent Aftercare – Poor post-surgery care leading to infections or complications.
3. Who Can Make a No Win No Fee NHS Negligence Claim?
You can file a claim if:
- You received substandard treatment from an NHS doctor, nurse, or hospital.
- The negligence caused physical, emotional, or financial harm.
- You are filing on behalf of a deceased or incapacitated patient.
4. How to File an NHS Negligence Claim
- Seek Medical Attention – Get treatment for any harm caused.
- Gather Evidence – Collect medical records and witness statements.
- File an NHS Complaint – Submit a formal complaint before making a claim.
- Consult a No Win No Fee Solicitor – A legal expert assesses your case.
- Begin the Legal Process – Your solicitor will handle negotiations and court proceedings if necessary.
5. How Long Do You Have to Make a Claim?
- Adults: 3 years from the negligence date or from when you became aware of it.
- Children: Until their 21st birthday (3 years from turning 18).
- Mental Incapacity: No time limit if the victim lacks legal capacity.
6. How Much Compensation Can You Receive?
Compensation depends on:
- Medical Costs – Additional treatments required due to negligence.
- Loss of Earnings – Compensation for time off work.
- Pain and Suffering – Physical and emotional distress.
- Long-Term Care – If ongoing medical support is needed.
Estimated Compensation Ranges:
- Minor injuries: £1,000 – £5,000
- Moderate negligence cases: £5,000 – £50,000
- Severe cases: £50,000 – £1,000,000+
7. Are There Any Hidden Costs in No Win No Fee NHS Negligence Claims?
Most no win no fee agreements cover legal costs, but some fees may apply:
- Success Fee – A percentage of compensation (typically 25%).
- Disbursements – Fees for medical reports or expert witnesses.
- After the Event (ATE) Insurance – Protects you from paying legal costs if you lose.
8. What If My Claim Is Unsuccessful?
- You won’t pay solicitor’s fees.
- You may need to cover disbursements unless covered by ATE insurance.
9. How Long Do NHS Negligence Claims Take?
- Simple Cases: 6–12 months
- Moderate Cases: 12–24 months
- Complex Cases: 2+ years if litigation is involved
10. When to Contact a No Win No Fee NHS Negligence Lawyer
If you suffered harm due to NHS negligence, legal advice ensures you receive fair compensation. Contact a lawyer if:
- You’ve been seriously affected by medical negligence.
- The NHS denies responsibility.
- You’re unsure if you have a claim.
Frequently Asked Questions
Can I claim against the NHS for negligence?
Yes, if their care fell below acceptable medical standards and caused harm.
Do I have to pay if I lose the case?
No, under a no win no fee agreement, solicitor fees are waived. However, disbursement fees may apply.
How long does an NHS negligence claim take?
Most cases settle within 12–24 months, but complex cases can take longer.
Will I have to go to court?
Most claims are settled out of court, but legal action may be required if the NHS disputes the case.
Can I make a claim for a deceased relative?
Yes, families can file a wrongful death claim if negligence caused their death.
What if my NHS complaint was rejected?
A rejected complaint does not prevent legal action. You can still pursue a claim.