NHS Negligence Claims
If you have suffered injury or harm as a result of medical negligence in the NHS, you are legally entitled to make NHS compensation claims
The NHS is still rated one of the best healthcare systems in the world. It does a good job in terms of efficiency, effective and safe care, patient-centred coordinated care and cost effective care. Although a majority of patients receive excellent care from the NHS, on occasions, care provided may fall way below standard, resulting in harm to patients.
According to the NHS Resolution, in 2019/2020, about 11,682 new medical negligence claims were recorded against the NHS, with the total amount of compensation payout estimated at around £2.3 billion. This suggests that a lot of people are victims of NHS negligence.
If you have experienced poor quality care from the NHS, you are within your rights to seek justice and compensation as a way of making life more comfortable for you.
Why Choose Us
We work with a team of expert NHS negligence solicitors who boast a very strong track record of bringing successful claims on behalf of victims of negligence, with focus on securing the highest possible settlement payouts every time.
If you need help in suing the NHS for negligence, rest assured you will get the best legal representation in the UK, if you choose to work with us. We will be with you every step of the way to provide legal guidance and expert advise necessary to ensure that your chances of securing a claim are doubled.
Our processes are simple and transparent and our clients are at the heart of everything we do. When you present your case to us, we will thoroughly evaluate the situation, including all evidence presented to determine if your case is worth pursuing.
We usually work towards securing good compensation payout out of court. In the majority of cases we have handled, negotiations are made and settlements agreed upon and paid, before the case goes to trial. However, if your case happens to go to court, we will also be there to provide you with the best legal representation.
In line with our belief that everyone deserves justice, we operate a No Win No Fee policy. Under this policy, our clients get access to the best legal representation without having to worry about the financial implications of engagement. What this means is that you can instruct our medical negligence solicitors to represent you without paying any legal fees. And if your case turns out unsuccessful, you will also not make any out-of-pocket expense.
We would only deduct a certain fraction (usually 25%) of your total settlement value which is known as “success fee”, upon successful claims.
Get in touch with us today and stand a chance of securing early compensation payouts
Suing the NHS For Medical Negligence
When suing a hospital, GP, dentist, surgeon, or any other medical practitioners under the NHS for medical negligence, you must be able to prove that “negligence” occurred.
Some of the most common ways NHS Medical negligence can occur includes:
- A missed diagnosis or delay in diagnosing a patient’s condition resulting in a more worsened condition.
- Incorrect diagnosis of the patient’s ailment
- Wrong treatment administered as a result of negligence
- Failure to carry out proper examinations or recommend the patient to take necessary tests before making diagnosis
- Unnecessary treatment delay causing the illness to grow from bad to worse
- Failure to refer patient to specialists when necessary
- Avoidable errors during surgical procedure such as never events and nerve damage
- Prescription errors and errors during drug administration (overdose or underdose)
- Failure to educate a patient on the risks of certain procedure or treatment, or failure to get informed consent from a patient before carrying out such procedure.
- Negligence before, during and post-delivery, resulting in birth injuries to mother and child.
Have you been a victim of any of the above? Our NHS Solicitors are ever ready to help you get the justice you deserve.
What Types of NHS Negligence Claims Do We Handle?
Some of the most common areas of medical negligence claims we handle include:
|Orthopaedic Negligence Claims||NHS GP/ Doctor Negligence Claims||Cancer Misdiagnosis Negligence Claims||Hernia Mesh Compensation Claims|
|Cauda Equina Syndrome Negligence Claims||Cauda Equina Syndrome Negligence Claims Care Home Abuse Claims||Brain Injury Medical Negligence Claims||Forceps Delivery Negligence Claims|
|Birth Injury Negligence Claims||Cerebral Palsy Negligence Claims||Surgical Error Negligence Claims||Cosmetic Surgery Negligence Claims|
|Dental Negligence Claims||Hospital Negligence Claims||Spinal Injury Negligence Claims||Erb’s Palsy Negligence Claims|
How Can NHS Negligence Be Proven?
To establish a medical negligence claim or NHS negligence claim, it must be proven that a medical professional acted negligently, consequently resulting in an avoidable harm or injury. In most medical negligence cases, these 4D’s of negligence must be established:
- Duty - A duty to care was owed. That is you were indeed under the care of the medical professional.
- Deviation - There was a Deviation from such duty of care.
- Direct cause- The breach of duty caused you pain, suffering or made your existing condition worse.
- Damages - The injury sustained has had serious impacts on your life causing you to suffer accumulated damages including physical, psychological and financial.
The above stated areas of negligence cannot be proven without tangible evidence. It is therefore important that you provide relevant documents that would serve as evidence to support your NHS negligence claim.
Evidence needed to prove NHS negligence
Detailed statements including; information about the doctor that attended to you, dates of medical appointments, diagnosis made (and delay if any), injury suffered and every other necessary information regarding your claim.
Medical reports from your doctor including test results and scans Witness statements
Evidence of financial losses as a result of the negligent treatment (this could be in form of receipts)
Photographs (taken before and after the event)
Medical Report from an Independent Medical Expert to confirm that you were indeed subjected to substandard treatment.
Who Can Make A Claim?
If you have been a victim of NHS negligence, you can make a formal complaint to the NHS yourself or assign a solicitor to represent you. In clinical negligence claims, the following categories of persons can bring forward medical negligence claims:
- The victim of the negligent treatment
- Those who depend on the victim
- The victim’s family
- The victim’s estate
NHS Complaints Procedure
For most NHS negligence cases, it is advisable that you first make a formal complaint. A complaint is an avenue to register your displeasure and get an understanding of what really happened and may even serve as evidence if you decide to bring forward NHS negligence claims.
Statistics from 2018/2019 show that about 208,924 formal complaints were lodged against the NHS, so you don’t have any reason to be hesitant if you want to make a complaint.
The NHS complaint letter is usually addressed to the NHS commissioning body or the GP whose actions have caused you to suffer terribly, within a year of becoming aware of the negligent treatment. NHS complaints do not yield compensation, the most you could get is an apology tendered to you for wrongdoing.
However, in cases where compensation is needed to help you go through a distressing time, you can proceed to pursue your claim against the NHS.
Your complaint letter should include the following:-
- The main subject of your complaint
- The NHS GP or healthcare provider responsible for your suffering
- Comprehensive details of what transpired including diagnosis and treatment
- Include whether or not you would like to be contacted for further discussions or response to your complaint
The NHS usually acknowledges receipt of your letter of complaint within three working days after which they will proceed to make internal investigations before giving you a formal reply. To find out more details on making a formal complaint to the NHS, you can visit the NHS website or dial NHS 111 to find out The NHS Patient Advice and Liaison Services (PALS) closest to you. There you will find the guidelines on how to make NHS complaints.
Can I Make A Claim Against The NHS For Medical Negligence?
This is one of the most frequently asked questions our solicitors get asked during consultations which has made us realize that many victims are unaware of their rights as patients. Conversely, others who know their rights do not know how to sue the NHS for negligence. Suing the NHS for acts of negligence is within the rights of every patient who has been wronged by the NHS. In fact the NHS constitution makes provisions for victims of medical negligence to pursue claims for compensation for injury and suffering they must have sustained as a result of negligence.
There is no doubt however, that suing the NHS is not quite straightforward and that claims must be handled expertly by specialist negligence claims solicitors. These professionals are equipped with the requisite knowledge and skills and have garnered experience from years of representing victims who have suffered negligent treatment under the care of the NHS.
NHS negligence claim process:
- First thing you want to do if you have decided to make a claim against the NHS is contact a specialist NHS negligence solicitor. We afford you a free no obligation consultation if you reach out to us today. A personal solicitor is assigned to your case and would evaluate if you have a valid claim.
- Second step is to present your evidence to your solicitors. You will be required to gather all documents and information which will serve as evidence to substantiate your claims. Where you are unable to bring certain necessary evidence, we can write on your behalf to request access to your medical file, test and scan results from the hospital or GP from whom the negligent treatment was received. We also work with independent medical experts (across a broad range of medical negligence practice) who will perform physical examinations and give their own report on the severity of injury or harm done as well as other vital information to support your claim.
- Next step is choosing a funding option for your claim, once we are satisfied that your evidence can help us build a solid case for your claim. We would educate you on the various funding options available for medical negligence claims including
- Legal Aid
- Legal Expenses or Before the Event Insurance (BTE)
- Conditional Fee Agreement (No Win No Fee Agreement)
- Trade Union Funding
- Private Funding
Following an agreement on a funding option, we will proceed to establish liability on your behalf. We will write a letter of claim to “The NHS Resolution (NHSR)” - the body that makes legal representation on behalf of the NHS. Our letter of claim will include all our findings after investigation. We would expect a response from the defendant after investigations within three month, either accepting or denying liability.
- In a case where liability is denied and both parties are unable to reach an agreement, the case will be handled by a judge or go to trial.
- On the other hand, where liability has been accepted but you have suffered losses and need urgent medical care, we will try to secure interim payments from the defendants before final compensation is paid.
- Settlement Payout - As soon as liability is accepted, negotiations will be made for a favourable compensation, taking into consideration the nature and severity of harm suffered, financial impacts and future prognosis.
NHS Negligence Payout
When it comes to Medical negligence payout figures, the amount of compensation awarded varies greatly. This is owing to the fact that every case is unique in its own way - as it affects the victim of negligence.
Usually, NHS negligence compensation amounts can range from anywhere around £1,000 to several millions of pounds. However, the average payout for NHS negligence in the UK, according to reports from the National Health Service Litigation Authority, is estimated around £50,000.
Although the highest recorded payout awarded due to NHS negligence was about £24m paid to the family of a little girl who after a simple surgical blunder was left with a catastrophic permanent damage.
If you still want to get an idea of the value of your claim, do not hesitate to contact us. Our NHS negligence lawyers are able to give you an estimated value of your claim’s worth using a medical malpractice compensation calculator.
Factors that determine the amount of compensation you may receive include:
- Type of injury or harm suffered
- Location of injury (higher compensation figures are usually awarded for brain and spinal cord injuries)
- Severity of the injury or harm suffered
- Extent of damages caused by the injury
- Financial losses as a result of the injury
- Cost of medical appointments
- Cost of Rehabilitative care and cost of hiring caregiver where negligence causes disabling condition requiring round-the-clock care
- House Adjustments costs (in cases where adjustments may be needed to cope with the injury)
We can help you make a claim against the NHS
To find out if you are eligible to make an NHS claim, and for further inquiries about how to make a compensation claim against the NHS, fill out our free claim evaluation form and we will get back to you as soon as possible to discuss your claim.