How to Sue the NHS with the help of NHS Claims Solicitors
Have you been wronged by your NHS physician? Are you contemplating suing the NHS? Find out if you are eligible today.
The NHS is one of the best organized public healthcare establishments worldwide with highly qualified medical professionals offering a very high standard of care to millions of people every year. It is the oldest public health system globally and does a wonderful job caring for patients professionally and therefore are deserving of praise and commendation.
Patients visit the NHS daily with the hope of being cured of their medical problems and while a majority of the time it turns out this way, occasionally people have suffered worsening medical conditions arising from mistakes while in the care of highly qualified healthcare professionals. There could be many, complications as a result of medical malpractice, doctor negligence or hospital negligence that could have very leading to disastrous and catastrophic impacts on a patient’s life. If you have suffered such an unfortunate fate, suing the NHS for acts of negligence becomes necessary to get a deserved compensation.
Can You Sue The NHS?
Yes, you can. Despite the quality of care received by individuals in the NHS, negligence can happen at any time. Negligence can happen when you are being diagnosed with an illness when taking medication, treatment, surgery or some other medical procedure. When such negligent actions take place causing you harm, injury, or trauma, you are legally entitled to sue the NHS.
Our specialist NHS Negligence Solicitors who have the expertise in NHS negligence claims are ready to assist you to determine if you have a valid claim to get you the right amount of compensation. The majority of claims brought by us, including those that involve suing the NHS, is on a No Win No Fee Agreement which means that you can consult us for free and if we can establish that you suffered harm as a result of negligent treatment, you may not have to pay a dime until the case is won.
When Can the NHS be held accountable for Negligence?
When NHS misdiagnosis or substandard care is provided out by a medical professional it colud have damaging impacts on the patient’s quality of life, therefore, a claim for negligence can be made. The consequences of medical malpractice can be very severe as some patients may not recover from the effects of the negligent treatment. More often than not, victims are left with debilitating disabilities requiring round-the-clock, care while some may even lead to the death of the patient.
What Constitutes Suing The NHS?
Before a patient may make negligence claims the must first understand what constitutes negligence or malpractice. In other words, before considering making hospital negligence claims or suing your GP for medical malpractice, you must first be sure that a negligent act was displayed.
- A completely missed diagnosis of the patient’s condition causing the condition to worsen
- Incorrect diagnosis of the patient’s illness leading to wrong treatment
- Failure to recommend relevant tests
- Delayed treatment also causing the illness to worsen
- Errors during a procedure or surgery
- Mistakes while prescribing or administering medications
- Failure to warn the patient of risks of a treatment or procedure
- Failure to get the patient’s informed consent before carrying out a particular treatment or procedure.
- Injuries to mother and/or child because of negligent care before, during and after delivery.
If you have been a victim of any of the above, our NHS solicitors are available to assist you through the process of suing the NHS for negligence.
Types of NHS Claims
NHS claims extend across all departments in healthcare delivery. In 2018/19, the NHS reports that 10678 new claims were opened against several departments in the NHS. The figures suggest an average of just over 29 new NHS negligence cases per day.
Examples of negligence claims you can make include:-
- Child Birth Injury Claims
- Erb’s palsy claims
- Cancer misdiagnosis claims
- Dental negligence claims
- Cerebral palsy claims
- Cauda Equina negligence claims
- Care home negligence claims
- Brain injury claims
- Orthopaedic Negligence claims
- NHS GP/ Doctor Negligence claims
- Surgical Negligence claims
- Forceps Delivery Negligence claims
- Medical negligence mental health claims
At nhsnegligenceclaims.com, our solicitors have won compensations for clients in several GP negligence, hospital neglect cases and NHS cases. Settlements have been secured from several hundreds of pounds to millions of pounds for our clients. The following are some cases from medical malpractice suits filed in favour of some of our clients over the years.
With a extensive experience in suing the NHS, our solicitors were able to win compensation for a client whose condition was not diagnosed leading to further complications. Mr Edward visited the NHS Hospital and complained of pains on the right side of his abdomen. He did not receive proper attention, nor did he receive the required tests needed. He was discharged after prescribing some pain relievers. Our client’s condition grew worse and in a few days, he returned to the hospital. This time with fever, vomiting, severe stomach pains, loss of appetite, an increased heart rate and diarrhoea. At this point, it was then discovered that he had suffered a ruptured appendix. There was also the formation of abscess as a result of a bacterial infection from the ruptured appendix and consequently peritonitis. He had to undergo an emergency surgery to remove the appendix and drain the abdomen to get rid of the abscess.
We argued that if his condition was diagnosed correctly on his first visit, his ailment would not have worsened and would have required a simpler surgery to treat. The client was duly awarded with maximum compensation.
Negligence Treatment from the NHS Studies
Our client Mr Brooks, through the help of our expert solicitors received worthy compensation from the NHS. He was a victim of neglect treatment from the NHS. While in their care, the NHS had acted negligently to his case and this resulted in Mr Brooks suffering from an incurable condition and is requiring ongoing support as a result. When we presented available evidence, liability could not be denied as it was a clear act of negligence. The NHS was held accountable for their actions and our client was well compensated.
Have you or a loved one been a victim of negligent actions from your GP, Specialist or Care home nurse? Our solicitors are ready to listen to your story and assist you in suing the NHS.
How Can You Sue The NHS
One question most potential clients ask during consultations is how to file a medical malpractice, claim while other persons whose loved ones suffered harm or have died due to negligent treatment often want to know if they can sue the NHS on behalf of their loved ones. Here’s all you need to know about the subject matter:-
Who can sue the NHS?
There are four categories of persons who can make claims against the NHS. These are:
- The victim
- The dependants of the Victim
- The victim’s family
- The victim’s estate
Processes Involved in Suing the NHS
Potential clients often inquire from us about what is needed to prove negligence. We have been faced with several questions about NHS complaints and compensation. One frequent question our clients ask is - “How do I make a claim against the NHS? "
If you are wondering how to claim for hospital negligence or steps to take in suing the NHS anywhere in the UK, then you must take notice of the following pieces of information.
It is very important to prove that hospital or GP negligence has actually occurred which caused harm or significant damages or led to the death of the patient.
Therefor, it must prove that:-
- The medical officer owed you a duty of care
- The medical officer breached the duty of care
- This breach of duty directly caused you pain, injury or worsened your medical condition
- The injury that sustained or worsened the medical condition has had severe impacts on your life
Several documents are required to make a claim against the NHS. These include statements containing a timeline of events, appointments made and the GP or Specialist that attended to you. They are as follows:-
- Comprehensive statements highlighting dates of medical appointments, the diagnosis made, the doctor who made the diagnosis, actions taken and other relevant information.
- Other medical reports including test results and scans such as CT scans MRI scans.
- Statements from witnesses (which could be from close friends and family)
- Evidence of financial impacts of the harm suffered (including past and current financial losses)
- Photographs where applicable
- Reports from an independent medical expert, who is usually a specialist in the field
Our NHS medical solicitors would assist you to gather these documents every other information that can serve as evidence to prove your claims. They will also give you the legal advice you need while ensuring that the process runs smoothly.
Making NHS Complaints
The procedure for making NHS complaints are summarized as follows:
- Gather documents that will serve as evidence to support your complaint.
- Make your complaints outlining the events you are not satisfied with. This can be done verbally with your NHS GP or healthcare provider. Alternatively, this can be done formally in writing and sent to the NHS commissioning body.
- Ensure this complaint is made within 12 months of the negligent treatment or 12 months from when you first discovered it.
- Expect a response from the NHS about your complaint. If all you need is an apology, this response may just be enough. This response however may be used as evidence for making a claim against the NHS. It may also help the act of negligence.
- If you are not satisfied with the response or the response confirms that there may be an act of negligence, you may speak with the solicitor representing you for legal advice on further steps to make your claim.
If you are making a complaint on behalf of a loved one, you will be required to attach a written consent letter granting you the authority to make the complaint.
Sue the NHS-NHS Claims Solicitors
At nhsnegligenceclaim.com, our specialist negligence solicitors will do their very best to ensure a smooth legal process and win you the compensation award right for you.
The following are the procedures for suing the NHS for negligence:-
- Speak with Us: Speaking with us is the very first step to this long negligence claims journey. We will assign you a personal solicitor depending on the type of claims you wish to make. We offer our initial consultations for free. Therefore, we encourage you to contact us as soon as is possible and we will take It up from there. At this stage, our solicitors will evaluate your case and determine if you have a valid claim. They will also help you understand every aspect of the claims procedure and answer whatever questions you may have about how to sue the NHS.
- Fund Your Negligence Claim: As we have looked at your claim and are convinced that you have a strong case, we will proceed to help you fund your claim. Funding claims can take any of the following forms:
- Legal Aid
- Legal Expenses or Before the Event Insurance (BTE)
- Conditional No Win No Fee Agreements
- Trade Union Funding
- Private Funding
Our Solicitors will help you decide which of these funding types are most suited for your medical claims.
- Gathering Evidence: Once the funding is in place, we will assist you in the gathering of documents, request for medical records, test results, scans and every other information that can serve as evidence to prove your claims. We will also assign an independent medical specialist in the relevant medical field to perform an examination on you. This would also be used as evidence.
- Proving Your Claim: From the evidence gathered, we will establish a direct link between the negligent treatment and the injury suffered. Our Solicitors will inform the NHS of your decision to make a claim. The NHS Resolution (NHSR) is the body that defends the NHS when claims are made against it. They would have a maximum of 3 months to make their investigations and write back either accepting denying liability.
If they accept liability, both parties will negotiate the compensation award value. However, if the NHS denies any responsibility, the case will be filed before a court to be trialled by a competent judge. Most claims brought against the NHS are either settled or dropped by the claimant. An average of just 2% of claims brought against the NHS result in a trial.
- Negotiating Value of compensation: We will negotiate a favourable settlement fee with the NHSR using the Judicial College Guidelines. The value of your compensation will depend on various factors including the type of injury, location of injury, severity, impact of the injury on daily life, past, current and estimated future loss due to the injury, prognosis for the future, travel expenses for medical appointments, rehabilitation costs as well as costs aids, assistive devices and the costs of replacements.
Need to find out what your claim is worth? Our expert solicitors will use a compensation calculator to draw up estimated costs.
Reach out to us today to help you make that claim and get you a deserved compensation to get your life back on track.
How Much Compensation Can I Claim?
Compensation values vary from case to case. Compensation awards can fall anywhere between £1,000 for minor injuries and to several millions for very severe injuries. The National Health Service Litigation Authority estimates the average Negligence payouts from suing the NHS to be around the £50,000 mark. The Judicial Studies Board updates the values of compensation for various kinds of injuries periodically in their book of guidelines. This guide is referred to by solicitors and judges while negotiating settlements for the claimant.
How much money you get for suing the NHS is generally determined by:
- General damages- This covers the type of injury, severity of injury sustained, as well as pain and suffering caused by injury.
- Special damages- Special damages cover the financial impact of the injury (past, current, and estimated future expenses), travel costs for medical appointments, costs of rehabilitation and assistive aids. It also takes care of costs of medications, hiring care home givers in the event the person is disabled and needs assistance to carry out basic daily activities.
The table below outlines the range of compensation values for various types of injury.
|Type/ Severity Of Injury||Range Of Compensation Value|
|Severe injury to the chest, lung or heart||Compensation values range from £60,000 to £100,000.|
|Severe brain Injury||Compensation values range from £180,000 to £300,000|
|Negligence resulting to Pelvic and Hip injury||Compensation values range from £50,000 to £85,000.|
|Negligence causing an Injury to the shoulder resulting to amputation||£65,000 to £200,000.|
|Pain and suffering||Compensation values range from £1,000 to £200,000|
|Baby who suffered cerebral palsy||Compensation values are usually above £500,000|
|Orthopaedic injuries||around £50,000|
|Death||Any form of negligence resulting in death gets compensation between £12,000 to £300,000 depending on the circumstances surrounding death|
|Spinal cord injuries||£50,000 to £300,000 for moderate and less severe cases while in severe cases, the settlement value is above £1 million|
|Dental Injuries||Dental compensation ranges from £1,020 to £1600 for minor damaged teeth And between £27,940 to £91,350 for very serious facial scarring|
|Care home negligence causing injuries like Knee Injury, Leg Injury, Hand Injury, Neck injuries, Shoulder Injuries and Back injuries||Care home neglect compensation values for the listed injuries range from £2,300 to £264,000 depending on the type and severity of the injury.|
|Emotional distress||Compensation for emotional distress is between £1,000 to £45,000. This depends on the severity of distress- minor, moderate or severe.|
Suing the NHS for acts of negligence is your right. It is also important that you choose the right legal representation to boost your chances of getting a deserved compensation for the pain and suffering you have endured and a result.
We encourage you to reach out to us or fill out our online form and we will get back to you.
Q: Is Suing the NHS ethical?
This question can be difficult to answer because many have their own views on this. While a school of thought believes it is morally and financially wrong to sue the NHS, the question still remains, what happens to the sufferer of negligent treatment. Is the individual or the family not entitled to be compensated for the harm done? Of course they are.
Provisions have been made for claims against the NHS and therefore any individual who is a victim of negligence can take the opportunity to sue the NHS and receive justice.
Q: What is the process of suing the NHS?
The process of suing the NHS is outlined below:
- Speak to your lawyer
- Fund your claim
- Gather facts and evidence
- Establish liability
- Negotiate a settlement fee
Q: How Much Can You Sue The NHS For?
No two cases are the same, therefore, compensation values will vary. Compensation values can be between £1,000 to as high as several millions of pounds for severe cases.
Q: How Long Does Suing the NHS take?
Generally negligence claims usually take between 12 to 18months to complete however some cases can go beyond this time frame depending on the complexity of the case. Also, when cases go to court, the time frame is usually longer, cases may go as long as 3-5years or more. When suing the nhs, it is important to follow the NHS complaints procedure as cases are resolved in a timely manner.
Q: What Is The Average Payout For Negligence?
According to the National Health Service Litigation Authority, the average payout for negligence is about £50,000.
Q: What Happens If A Surgeon Makes A Mistake?
It is important to know if the mistake made by the surgeon caused you or your loved one harm or led to complications. If this is the case, you can make a claim for Surgeon negligence.
Q: How Long Do You Have To Sue For Negligence?
By law, the medical negligence claims time limit is 3years from the date of negligent treatment or when you became aware of it. If the victim of the negligent treatment dies as a result, the 3-year time limit begins from the date of death. However, in cases involving children, the time limit begins from the child’s 18th birthday till the 21st birthday. The time limit rule is also relaxed when the victim is mental unstable and so is unable to make a claim.
Q: How Do You Prove A Medical Negligence Case?
To prove an existing negligence case, the 4 elements of negligence must be established. These are duty, deviation, direct causation and damages. If you need help in suing the nhs, our solicitors will assist you gather documents to prove your case.
Q: Is suing the NHS possible?
Absolutely! If you or a loved one has suffered substandard care which has caused harm, injury or caused a new medical condition, you are legally entitled to make a claim.
Q: Do the NHS settle out of court?
Yes! Only an average of 2% of claims against the NHS end up in court, in 2018/19 that number was much smaller (0.6%).
Q: What Is “Causation” In Medical Negligence?
Causation is a term which legal practitioners use to describe the severity of the damage suffered by a client as a result of malpractice or negligence. For instance, if someone suffered minor brain haematoma which then developed into a catastrophic brain injury, we can prove causation by evaluating the delay in diagnosis that must have led to an exacerbated medical condition.
Q: Will I Need Another Medical Examination In suing the NHS?
It is most likely that your solicitor will require the services of an expert independent medical professional in the relevant field to perform a medical examination on you to determine the injury and extent of damage. This is used as evidence while making claims.
Q: Will A Claim Affect My Treatment?
Making a claim shouldn’t stop or affect the quality of care you should receive. Very rarely have clients complained of this. If you have concerns about this, we can assist you on what to do and if you do not feel comfortable receiving treatment in the same hospital where you suffered negligent treatment, we can advise you on how to move to another hospital.
Q: Is suing the NHS possible after 3 years?
In cases involving adults who are incapacitated or children, you may make claims after 3 years. But the standard rule says you have to make your claims within 3 years of the date of negligent treatment or date of knowledge.
Furthermore, in cases of defective medical products, devices or implants, a time limit of 10years from the date the product went into circulation is given to make a claim.