Learn How To Claim Against The NHS For Medical Negligence
Find out how to claim against the NHS and what medical negligence compensation can cover.
£85 million in compensation
Learn How To Claim Against The NHS For Medical Negligence
Find out how to claim against the NHS and what medical negligence compensation can cover.
How To Claim Against The NHS For Medical Negligence
If you have found yourself questioning how to claim against the NHS for medical negligence, this guide will provide you with the information you need to know. It can be disheartening when a medical professional fails to provide you with the correct standard of care. Keep reading to learn if a compensation claim could help you move forward with recovery.
Key Takeaways
- Whether a medical professional works for the NHS or a private practice, they must meet a minimum standard of care when treating you
- If you suffer unnecessary harm due to negligent treatment, you could be eligible to claim compensation for your pain and suffering.
- You could also recover the financial costs caused by the medical negligence.
- Generally, you will need to start a medical negligence claim within 3 years after you received the treatment. There are cases where the time limit differs, as explained later in our guide.
- You will be required to provide evidence that the treatment provided did not meet the required standard and that you experienced harm as a direct result of this.
- One of our solicitors could represent your case through a No Win No Fee contract. This means you would not need to pay fees for their work upfront or while the case is proceeding.
Medical negligence can be a complicated subject, so you are welcome to speak with our enquiries team for direct advice. They have advised on many similar cases and can offer you the guidance you need. They could even connect you to one of our expert solicitors and start you on the path towards gaining compensation.
- Call us on 0151 375 9916
- Submit an online enquiry
How To Claim Against The NHS For Medical Negligence
When asking how to claim against the NHS, you must first answer the following questions:
- Did a medical professional owe a duty of care to you?
- Did they fail to treat you according to the minimum standard of care?
- Did you suffer unnecessary harm as a result?
If the answer is yes to all 3 questions, then you could be eligible to start a medical negligence claim. Specifically, claims of this nature made against the NHS will be handled by the NHS Resolution panel. This body manages compensation claims on behalf of the NHS, advises medical practitioners on patient concerns and gathers information on how to improve patient care.
It is important to note that all medical professionals owe a duty of care to the patients they treat, whether they work for the NHS or a private healthcare provider. This means that they must give the correct standard of care during treatment. The General Medical Council (GMC) provides doctors with resources and guidance on how to care for patients.
Finally, you may wonder whether all instances of harm during medical treatment provide grounds for claiming medical negligence compensation. Sometimes, harm is a necessary aspect of medical intervention. For example, chemotherapy is often an essential cancer treatment, but it can also weaken your immune system and cause blood clots.
However, there are many instances of avoidable harm caused by negligent treatment. For example, a surgeon could leave a foreign instrument inside your body during a surgical procedure. This could result in infection and necessitate further surgery.
Can I Make A Claim If The NHS Referred Me To A Private Practitioner?
You can still claim if the NHS referred you to a private practitioner. In this case, you seek medical negligence compensation from the insurance provider of the private practice.
Can I Sue The NHS On Behalf Of A Loved One?
You could sue the NHS on behalf of a loved one under certain circumstances. In legal terms, you would be referred to as a litigation friend.
This only applies when the person who experienced harm is unable to make decisions for themselves regarding a claim.
This applies when medical negligence has impacted a child or a person who is mentally incapacitated.
You may still not be sure whether you can make a claim against the NHS, either for yourself or on another person’s behalf. Fortunately, our advisors are here to help. They can assess the specific details of your case for free and potentially connect you with one of our expert No Win No Fee solicitors.
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The NHS Compensation Claims Time Limit
You generally have 3 years to begin claiming NHS compensation. This may start from the date on which you received the negligent treatment. However, sometimes it is not immediately apparent that your treatment did not meet the minimum standard. Therefore, the limitation period can start from the date on which you became aware that medical negligence occurred. The Limitation Act 1980 legislates this.
Additionally, the time limit can apply differently in cases involving a person who is below the age of 18 or mentally incapacitated.
As stated in the previous section, another person can claim on their behalf. On the other hand, if the affected party seeks to proceed themselves, they will have 3 years to do so from the date on which they:
- Recover mental capacity (if they ever do)
- Have their 18th birthday
If you’re not sure how the time limit applies to your specific case or how to claim against the NHS, do not hesitate to contact a JF Law advisor. They can outline how to claim the NHS and the aspects of the process that you should consider.
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What Evidence Do NHS Claims For Compensation Need?
You will need to provide evidence in order to prove the unnecessary harm you have suffered and the negligent treatment that caused this. Therefore, when considering how to claim against the NHS, you should look to provide some of the following:
- A copy of your medical records- this could include notes on the treatment provided, scans, and details of your symptoms
- Written correspondence from the NHS facility where you received treatment- sometimes, a healthcare provider will write to confirm that you received substandard care.
- Photos of the harm affecting your body
- A diary of the medical symptoms you experienced before and after treatment
- Copies of an NHS report and the response of the complaints handler (this only applies if you choose to make a formal complaint against the NHS)
Additionally, your solicitor may organise a Bolam test for your compensation claim. This involves a panel of medical professionals with training relevant to your situation. They will discuss the details of your case and offer their opinion as to whether you received negligent treatment. It can be difficult to prove that a medical professional did not meet the minimum standard of care, so a Bolam test can be an extremely helpful piece of evidence.
One of our solicitors could help you with gathering evidence to support your case. Contact our advisors to learn more.
How Much NHS Compensation Could I Be Entitled To?
How much compensation you could be entitled to depends on a range of factors. We must first discuss general damages, as these are always owed in successful compensation claims of this nature.
General damages cover the suffering and pain that you have experienced due to receiving negligent medical treatment. If you have yet to recover from the harm or may experience permanent effects, this will be taken into account.
When assessing general damages, legal professionals may read the Judicial College Guidelines (JCG). This legal document outlines compensation guideline brackets that are categorised based on the severity and type of injury or illness. You can read our table below for some examples.
However, we must point out that the figures provided are not a guarantee of your potential NHS compensation payout. The assessment of compensation is far too nuanced for these general guidelines to cover.
This is why we recommend the free case assessment service that our advisors offer. They give advice that is tailored to the specific circumstances of your medical negligence claim. Get in touch today to find out more.
Please note that the first figure in this table was provided by the JCG.
| Type of Injury | Severity | Compensation Bracket | Notes |
|---|---|---|---|
| Multiple types of harm and special damages | Severe | Up to £1,000,000+ | Multiple types of harm with the associated costs, such as payment for further medical treatment |
| Brain | Moderately severe | £267,340 to £344,150 | The injury requires significant dependence on others and may come with further physical disabilities |
| Kidney | Both kidneys | £206,730 to £256,780 | Serious and permanent damage to/loss of both kidneys |
| Bowels | Total loss of natural function | Up to £183,190 | The claimant will depend on a colostomy (depending on their age) |
| Male reproductive system | Total impotence and loss of sexual function and sterility affecting a young person | £140,220 to £181,020 | The amount of compensation awarded will depend on several factors, such as scarring and hormonal effects |
| Arm | Loss of one arm (i) | Not less than £167,380 | Amputation of an arm at the shoulder |
| Leg | Above knee amputation of one leg | £127,930 to £167,760 | Compensation will include an assessment of various factors. These include associated psychological issues, ability to use prosthetics and risk of developing osteoarthritis in the remaining joints of the lowers limbs, hips and spine |
| Female reproductive system | Infertility without aggravating features | £68,440 to £87,070 | The claimant will be a young person without children who will experience no sexual dysfunction |
| Chest | Damage to chest and lungs | £38,210 to £66,920 | The claimant will experience some level of continuous disability |
What Else Could I Claim For?
Special damages cover the other part of the compensation that could be awarded. This allows you to recover the expenses that you suffered due to the medical negligence. Special damages could include:
- A loss of income- you may have been required to take time off work in order to recover. In cases of more serious harm, your ability to work in future may be affected. Legal professionals will consider these factors when assessing compensation.
- Care costs- it may not be possible for you to complete daily tasks without the assistance of a professional care provider
- Medical expenses – often, medical negligence results in the need for additional medical treatment. You may seek out a private healthcare provider for this.
- Payment for travel – it can be expensive to travel back and forth to medical appointments, especially if you need to travel to a specialist facility that is far away from your home.
- The cost of adaptations to your vehicle/home- In order to live in your home and drive your vehicle, you may need to adapt it to suit your condition. Examples of adaptations include a stair lift or steering aids
- Rehabilitation costs- You may require specialist help, such as physiotherapy, to help your body recover
If you wish to claim special damages, it is essential to give evidence of the financial impact you have experienced. You could do this by providing bank statements, pay slips and receipts.
Can I Apply For Interim Payments When Claiming Against The NHS?
Sometimes, you can apply for an interim payment when making a claim. An interim payment is a payment you could receive before the medical negligence claim has been completely settled. This payment is typically awarded in cases where the claimant is under a lot of financial pressure. For example, their injuries may require them to pay for extensive medical treatment. It is only awarded in cases where the defendant has admitted liability or there is a high liklihood the claim would succeed in court.
This payment is also an advance on your compensation, meaning that it will be deducted from your final compensation payout.
If you are eligible to work with one of our solicitors, they will explain when an interim payment is appropriate. They can also use their legal expertise to help you apply for one.
Would A Compensation Claim Impact The NHS’ Budget?
Compensation claims do not impact the NHS budget. As mentioned, NHS Resolution handles medical negligence cases made against the NHS. They also act as an insurer, paying out compensation to successful claimants.
If you would like to learn more about how to claim against the NHS or how your potential compensation would be paid, reach out to our advisory team.
Am I Still Able To Get NHS Treatment If I Claim?
Yes, you are still able to get NHS treatment if you start a medical negligence claim. You have a legal right to claim compensation if a medical professional has not provided you with the correct standard of care and this caused you to suffer unnecessary harm.
For example, say that a medical professional working under the NHS provided you with the wrong medication and caused you to suffer severe side effects. You would still be entitled to seek further treatment through the NHS.
If you have any concerns about your ability to access treatment, do not hesitate to speak to one of our advisors. They handled many similar enquiries, so you can trust their advice.
The Benefits Of A No Win No Fee NHS Compensation Claim
There are many benefits to working with one of our solicitors on a No Win No Fee basis. It is a great way to seek legal representation without worrying about exorbitant fees. A specific type of contract that our solicitors offer that works along these lines is a Conditional Fee Agreement (CFA). By signing a CFA, you would not be required to pay for your solicitor’s work:
- Before your medical negligence claim begins
- While the case is underway
- If you are not successful in receiving compensation
In the event that you are given compensation, you will need to pay a success fee. This is a percentage of the compensation that you pay to your solicitor. You do not need to worry about this, as there is a legally binding cap on the percentage that can be taken. This ensures that you keep the largest share for yourself.
Not only do they offer great financial agreements, but they also provide expertise based on years of handling medical negligence claims. Their services include:
- Legal insight- Outlining key legal concepts and phrases will help with your understanding of the process
- Helping you to prove your claim- They may ask whether you consent to an independent medical assessment. This can help to establish the extent of the harm you have suffered
- Negotiating your compensation- Our solicitors can estimate the appropriate amount of compensation owed and ask the defendant to give this
- Handling correspondence with the defending party and the court as required
Contact Our Team
Get in touch with our team today to find out if they can connect you with one of our medical negligence solicitors. You can also ask any general questions you may have about how to claim against the NHS. We handle all enquiries free of charge and with no strings attached.
- Call us on 0151 375 9916
- Submit an online enquiry
Frequently Asked Questions
See below for straightforward answers to some frequently asked questions about how to claim against the NHS.
Can I Only Claim If I Raised A Complaint To The NHS?
No, you do not need to raise a complaint in order to claim against the NHS. However, a copy of a complaint could be used as evidence for a medical negligence claim.
Will Claiming Harm The NHS?
Your claim will not harm the NHS, as they have an insurer to pay compensation. You have a legal right to seek medical negligence compensation if the minimum standard of care has not been met.
Will I Need To Go To Court?
Usually, there is no need for you to go to court, as efforts will be made to settle the claim between you and the defending party. However, sometimes complex circumstances will require the case to go to court. For example, this may be the case if both parties cannot agree on the amount of compensation to be paid.
Would The Professional Who Treated Me Lose Their Job?
It is unlikely that claiming for medical negligence will cause the medical professional who treated you to lose their job. Dismissal is typically only considered in very serious cases. The healthcare provider may conduct internal investigations or take disciplinary action if they deem it necessary.
Is It Worth Suing The NHS?
Many claimants find it worthwhile to make a claim against the NHS, as it can make a difference to other patients. NHS Resolution records instances of medical negligence and uses them to identify areas where patient care can be improved.
How Long Will It Take To Be Paid For My NHS Compensation?
How long it takes to pay your compensation depends on a variety of factors, as each case is individually assessed. Some factors that may impact the timescale include the severity of your injuries, the type of evidence provided, and whether the case needs to go to court.
Learn More
Read our other medical negligence claims guides below:
- Learn about birth injury claims
- Visit our guide on epilepsy misdiagnosis claims
- Find out how to claim for pressure sores
External resources:
- Read NHS claim statistics, as provided by NHS Resolution
- Follow the government’s guidance on claiming Statutory Sick Pay (SSP)
- Find out the duties of medical professionals registered with the GMC
Thank you for reading our guide on how to claim against the NHS for medical negligence. Contact our advisors today if you have any questions or would like to discuss your case.
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