NHS Negligence Claims

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NHS Negligence Claims

There’s no question – the NHS is an invaluable and world-leading service. Millions of treatments are provided every year and, in most cases, patients receive the highest standard of care.

But medical professionals are only human and mistakes can happen. Unfortunately, there are times when our experience of the NHS falls below the standard we’re used to. And if you’ve suffered due to the poor quality of care you received, it’s only right that you take action and seek financial justice.

As leading medical negligence solicitors, we can assist in putting together a successful NHS negligence claim on your behalf. To discuss your case with our experts, call 0800 110 5888.

Straightforward claims against the NHS

NHS negligence can have many serious consequences.

For example, it may have caused a physical illness, injury, or made a pre-existing condition worse – and this is likely to have affected many aspects of your life. You may no longer be able to do things you once did, your mental health may have been affected and you could be suffering financially.

It’s a difficult time and, we understand, you may feel nervous about starting a legal case against the NHS. But it’s important to seek compensation. Not only could the money support your recovery, NHS medical negligence claims shine a light on concerning safety issues – and often help to prevent the same mistake from happening again. And we’re here to guide you every step of the way.

Our goal, as specialist NHS negligence solicitors, is to make the claims process as simple as possible. We have ample expertise and experience in this area. And from proving fault to negotiating a fair settlement, we can take care of everything on your behalf – on a completely ‘no win no fee’ basis.

Right now, making a recovery should be your number one priority. So whilst you focus on getting better, why not let us attempt to put things right and oversee legal proceedings for you?


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Help for all cases of NHS negligence

NHS negligence cases typically arise due to a member of staff doing something wrong or failing to act. This could be a doctor, nurse, physiotherapist, radiologist, dietician, lab technician or even a hospital porter – anyone with a ‘duty of care’. And some of the most common examples include:

  • medication errors
  • a missed or delayed diagnosis
  • misdiagnosis or failure to treat
  • delay in treatment
  • surgical errors
  • anaesthetic errors
  • needle-related injuries
  • contracting a hospital infection (e.g. MRSA)
  • laboratory mistakes (e.g. false or missing test results)
  • negligent personal care (that leads to wound infections, pressure sores etc.)

Of course, NHS medical negligence can also vary greatly in terms of its aftereffects. Whilst a small injury is likely to heal quickly, a missed diagnosis can have life-changing – or even life-threatening – repercussions. But whatever the nature or severity of your experience, we should be able to help.

Here at Injury Lawyers Direct, not only do our solicitors specialise in this area, we partner with a range of skilled barristers, insurance and medical experts. And together, it’s fair to say, we have a strong history of successful claims against the NHS.

negligence claims against the nhs
nhs negligence

We understand that NHS negligence can affect people in different ways. And as such, we will put together a claim that accurately reflects your circumstances – and will do everything in our power to ensure you receive adequate compensation for the suffering you have experienced.

Ready to start your claim for NHS negligence compensation?

For a free consultation about with our specialist medical negligence solicitors about an NHS negligence claim, just give us a call on 0800 110 5888. Or if you prefer to arrange a time and date to chat with our experts, please fill out our online contact form and we’ll get back to you.

Once we’ve gathered some basic information about the experience that has led you to want to claim compensation, and the overall impact that it’s had on your life, we can advise on your eligibility to make a claim and the chances of that claim being a success. You won’t be pushed into anything. That’s entirely your choice. But if you do wish to go ahead, we will then start proceedings and get the ball rolling.

So why delay any longer? Pick up the phone, tell us what happened to you, and allow us to deal with the rest. Claiming against the NHS may feel like a tough decision. But it’s an important step in your recovery and we can help you seek any medical negligence compensation you are due.

NHS negligence FAQs

Who can make a claim against the NHS?

Anyone treated by the NHS has a right to make an NHS negligence claim.

It doesn’t matter whether you received treatment at a GP practice, a hospital or an independent service (such as a mental health clinic or physiotherapy centre). All of these organisations have a ‘duty of care’. And if that duty was breached, and you’ve experienced any form of harm or suffering as a result, this counts as ‘medical negligence’ – and you should be able to seek compensation.

The only condition is that you must claim within 3 years of the date of knowledge (i.e. the date you become aware that someone was at fault).

To find out whether you’re personally entitled to claim, the easiest option is to arrange a callback with our NHS negligence solicitors. We offer an initial consultation free of charge and, following a quick chat, we can advise on both your eligibility and the chances of your claim being successful.

I was referred to a private hospital by the NHS – can I still claim?

Yes, absolutely.

Due to funding issues, long wait times and the pandemic, such referrals have become increasingly common in the last few years – with many people attending private hospitals for NHS treatment. But this does not, in any way, change your right to claim for medical negligence.

It’s simple. Regardless of whether you attended a public or private health setting, if you received negligent care – which led to unnecessary harm or suffering – you should be eligible to claim.

This might be a claim against the NHS, or the private organisation/healthcare professional. But either way, our medical negligence solicitors can guide you step-by-step through the process, ensuring you get the financial justice you deserve – whilst also supporting your recovery.

How do I make a claim against the NHS for medical negligence?

A detailed step-by-step guide on how to claim against the NHS can be found in our blog – so if you’re unsure of how the legal process works (and how to begin proceedings), it’s worth taking a look.

The first step is simply to contact our solicitors.

You can either call us on 0800 110 5888 or fill out our online contact form and we’ll get back to you as soon as possible to arrange your free no-obligation consultation. This is just a chance for us to learn more about your experience of NHS negligence and the overall impact it’s had on your life. Using this information, we can then advise on your eligibility and prospect of success.

If – based on our recommendation – you wish to go ahead with an NHS negligence claim, simply let us know and leave it in our capable hands. From the initial paperwork and gathering evidence to negotiating a fair settlement, we can oversee everything on a ‘no win no fee’ basis. Whilst also helping you to access any services required to support your recovery and rehabilitation.

Thankfully, cases of NHS medical negligence are pretty rare – but if you’ve been unfortunate enough to receive substandard care and need help making things right, we’re here for you.

Will I need to attend a medical appointment as part of my claim?

This will depend on the nature and extent of your symptoms – but, in most cases, yes.

You may be asked to attend one or more medical examinations as part of the NHS medical negligence claims process. The appointment will be booked for you, typically with a local medical professional, and usually takes around 30-60 minutes. But this is absolutely nothing for you to worry about.

It’s just a chance for someone with appropriate expertise to confirm the symptoms experienced (as a result of negligence), and the impact those symptoms are having on your overall life. A report will then be sent to your solicitor, which will be used as evidence to strengthen your claim.

Do successful negligence claims take money out of the NHS budget?

No – claims against the NHS are handled by a separate organisation, called NHS Resolution.

Essentially, this is an insurance company for the NHS. Each NHS Trust in the UK pays an annual premium – so when a claim is successful, there’s money already available. Money that is completely separate from the NHS budget and earmarked solely for compensation.

That means there’s absolutely no need to worry. You can #claimwithconfidence – knowing you can get the financial justice you deserve, without affecting NHS funding or having any sort of impact on other patients’ healthcare.

How much is an average NHS negligence claim payout?

There isn’t a quick and easy answer to this question.

According to NHS Resolution, 51% of the claims they received in the period of 2022/2023 reached a monetary settlement, with the body paying out over £2.6 billion in compensation. However, the exact amount awarded varies greatly from case to case.

Depending on many factors – including the type and severity of the injury, the circumstances under which it was obtained, recovery time, your subsequent quality of life etc. – NHS negligence compensation can range anywhere from around £1000 up to several million.

To get a better idea of how much you might be entitled to, the best option is to contact our medical negligence solicitors. Once we’ve had a chance to assess your case in detail, we can advise on an ‘expected’ payout for your individual circumstances. And you can rest assured, we’ll do everything in our power to ensure you get the maximum level of compensation.

Will I still be entitled to NHS care after making a claim?

Absolutely. Having submitted an NHS negligence claim, you’ll still be entitled to the same healthcare and treatment on the NHS. In fact, it’s against the law for a healthcare setting to refuse treatment due to your claim, and any ongoing treatment won’t be delayed or affected.

Having said that – if you feel uncomfortable for any reason or would like peace of mind – you do have a right to ask for your care to be moved to a different doctor or service provider.