No one should have to deal with the consequences of medical negligence when they require treatment from the NHS, but unfortunately, mistakes happen. If you or a loved one have suffered as a result of substandard care, you could be entitled to NHS compensation.
Yes, you can. Every medical and healthcare professional in the UK has a legal and moral obligation to their patients to provide a reasonable standard of care and avoid causing any foreseeable harm, whether they work for the NHS or not. If they breach this duty of care and you have been injured or made ill as a result, you are entitled to make a claim for compensation.
Our award-winning team of NHS negligence solicitors have supported hundreds of clients across the country in securing the compensation they deserve. What’s more, we take a holistic approach to each and every case we investigate; working hard to ensure our clients can also access high-quality treatment and rehabilitation to give them the best chance at recovery.
To learn more about making a claim for NHS compensation or to discuss your case in more detail, speak to our team today on 0330 041 5869 or get in touch online.
What is classed as negligence in the NHS?
Many medical treatments or procedures do carry a level of risk, and sometimes patients can suffer complications despite the best care from their clinician. For a claim of medical negligence to be considered, harm must have been caused by inaction or an error by a medical professional.
Therefore, medical negligence in the NHS refers to any instance in which an NHS medical practitioner breaches proper standards of care and as a result, a patient suffers unnecessarily from injury or illness. Poor care covers a wide range of scenarios, including accidents, mistakes, carelessness, or oversight and must amount to care that no other competent professional would have provided in their place.
What types of NHS negligence can I claim for?
You can make an NHS negligence claim for compensation for any treatment or procedures you have received on the NHS, no matter where you were when it occurred. However, the NHS care must be proven to be substandard, and you must be able to show that this has caused you to suffer avoidable harm.
Some of the most common examples of NHS negligence we see include:
Birth injury and gynaecological claims, where either the mother or baby has suffered avoidable injury or illness
Brain injury claims, including failures to properly prevent or treat strokes, brain tumours, haemorrhages and infections
GP negligence, including failure to refer patients to specialists for further investigations despite concerning symptoms
Spinal injury claims which lead to paralysis and significant lifelong disabilities
Surgical error claims, such as carrying out unnecessary surgery, failing to properly inform patients of risks, or operating on the wrong area
How do I know if I can make an NHS compensation claim?
It is often difficult to know at the start whether the NHS care you have received fell below an acceptable standard and whether this caused you an injury. However, please be assured that you are not expected to know this at the outset of any medical negligence claim. Instead, we would always advise anyone looking to bring a claim to seek specialist legal advice.
This may seem daunting, but often a legal specialist, such as our industry leading NHS negligence solicitors, will be able to guide you through the steps and take over a lot of the hard work of investigating a claim so that you, or your loved one, are able to focus on recovery. If you think you’ve suffered due to medical negligence in the NHS, get in touch with us today. We’ll take a detailed account of your case and can help you collect the evidence you need to make a successful claim.
What evidence do I need to get compensation for NHS negligence?
When you make a claim against the NHS, you will need to be able to prove that the medical professionals you saw breached their duty of care and caused you unnecessary suffering.
As already mentioned, you don’t need to have all the answers and evidence to hand straight away. Our compassionate lawyers will be able to collect and review the evidence relevant to your case and then provide you with expert legal advice on the merits of an NHS claim.
Generally speaking, evidence in an NHS negligence claim will include:
Your medical records: at the outset of your claim, we’ll ask you to allow us access to your medical records . Once received they will be collated and reviewed, in detail. Independent medical expert reports: Once your medical records have been received, collated and reviewed, they will then be sent to independent medical experts. The experts will be asked to consider the standard of care provided and whether this fell below a reasonable threshold, if it did, they will also be asked whether this substandard care contributed to or caused your injuries or illness.
Any evidence of financial losses: this could include lost wages from time spent out of work, travel expenses, or the cost of any rehabilitation or treatment you’ve required as a result of your injury or illness.
Will my NHS negligence claim take money away from the NHS?
We understand that many people might feel concerned about making a claim against the NHS as they would not wish to divert money from essential services provided by our health service. Rest assured that no NHS negligence claim is paid out from NHS Trust budgets.
All claims are handled by NHS Resolution, an organisation set up by the Department of Health and Social Care to resolve disputes and handle complaints against the NHS.
Speak to our specialists about your NHS negligence claim
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help.
Mr and Mrs H (medical negligence client)
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive.
Mr Q (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim.
Ms S (medical negligence client)
How to make a medical negligence claim against the NHS
To start an NHS negligence claim with us:
Call us on 0330 041 5869 or contact us online today for a no-obligation chat about your case with one of our industry-leading NHS negligence solicitors.
We’ll assess your cases and allocate a specialist NHS claim solicitor, who will provide you with detailed advice on your funding options, including the availability of No Win No Fee funding (also known as a Conditional Fee Agreement).
As part of your claim, we will then need to access your medical records. We’ll work in tandem with medical experts and witnesses to ascertain the standard of care you received and whether this potentially caused avoidable harm.
If failings in care and subsequent injury are identified, our NHS negligence solicitors will notify the defendant of the claim and seek an admission of liability.
Your lawyer and the medical experts will then value your claim and determine what your needs are, both now and in the future, to ensure you and your family have access to the best quality treatment, care, rehabilitation and physiotherapy to maximise the chances of a full recovery and future independence.
From the outset, we work hard to secure the best possible compensation in negotiations. Rarely, a claim may go to court, in which case your NHS negligence solicitor will represent you throughout court proceedings.
Can I make a No Win No Fee NHS negligence claim?
Simply put, yes you can. We know that the cost of pursuing legal action can be daunting, which is why the majority of the medical negligence cases we pursue, against both the NHS and private healthcare providers, are funded by a Conditional Fee Agreement – also known as No Win No Fee.
Using a No Win No Fee funding means that there are no upfront costs to making a claim. What’s more, if your claim is unsuccessful, and you have complied with the straightforward terms of your No Win No Fee Agreement, you won’t have to pay any fees or costs. This means that there should never be any financial risk to you.
Why should I choose Slater and Gordon's NHS negligence solicitors?
At Slater and Gordon, our expert NHS negligence lawyers are among the best in the country, with a proven track record of handling complex clinical cases. Our NHS solicitors know the importance of supporting you and your family through this most difficult time. We understand your needs and the challenges you face and are dedicated to fighting for your rights.
We have a national medical negligence team, all of whom only practice in this area of the law
Our team includes highly experienced in-house midwives and litigation nurses who work collaboratively with our lawyers. This results in an excellent team that can be relied upon to investigate a medical negligence claim correctly and effectively
Our medical negligence team is ranked in the independent legal directories: Chambers and Partners and Legal 500, for providing outstanding medical negligence services
We are Lexcel accredited, which was introduced by The Law Society as a quality mark for client cases, practice management and legal compliance
Over the years, our dedication to protecting the rights of the individual have resulted in thousands of 5-star reviews and an “Excellent” rating on Trustpilot.
Speak to our specialists about your NHS negligence claim
Frequently asked questions about NHS negligence claims
Is there a time limit for making compensation claims against the NHS?
If you believe you have an NHS compensation claim, it’s important that you seek advice from a lawyer that specialises in medical negligence cases as soon as possible, as there are time limits in place in England, Scotland, and Wales.
Under UK law, you have three years from the date the negligence occurred, or the date on which you first became aware (or could be reasonably expected to be aware) that you had suffered an injury or illness due to negligence. This is known as the ‘limitation period’.
However, there are exceptions, including bringing a claim on behalf of a child. In this scenario, a claim can be brought on the child’s behalf at any point up until their 18th birthday. If you are bringing a claim on behalf of an adult that does not have capacity, there may not be any limitation period at all.
In any event, it is always advisable to seek specialist legal advice as quickly as possible and while the events are still fresh in your memory and before records are destroyed in years to come.
Will I have to attend a medical examination as part of an NHS medical negligence claim?
Where your claim has been accepted, it will be necessary for an independent medical expert to review your medical records to determine the extent of your injuries or illness and how quickly you could be reasonably expected to recover. In some cases, it may be necessary to have a physical examination, though it may also be possible to arrange an appointment online or over the phone.
Can I still make a claim for NHS negligence compensation if I was referred to a private provider?
No matter who your healthcare provider was, you are entitled to make a claim for medical negligence if you’ve been injured or made ill due to substandard care. In the case where you’ve been referred to a private healthcare provider who has breached their duty of care, your claim would be made against them, not the NHS.
To discuss your claim in more detail, get in touch with our NHS medical negligence solicitors today.
How much compensation could I be owed for NHS negligence?
It is difficult to estimate how much NHS compensation you could be entitled to without first reviewing the circumstances of your claim; including the severity of your injuries, the impact they have on your day-to-day life, the likelihood of recovery, and any financial losses you have had or are likely to have in the future.
In most cases, the more severe your injuries or illness, the more compensation you will receive. This is not only due to the level of pain and suffering you have experienced, but also the impact it is has on your daily life. Severe injuries or illnesses often require significant time out of work for recovery, and can prevent you from being able to socialise, leave the house, or even care for yourself.
The amount of compensation you are awarded will consider each of these factors, as well as the likelihood that you’ll make a full recovery. Where it is determined that your injuries will continue to impact you in the long-term, you could be compensated for any additional care requirements, mobility aids, or reduction in earning potential.
How long does an NHS negligence claim take?
There is no set timeframe for a NHS negligence claim, as the length of the process depend on several factors, including the severity of the injuries or illness, the complexity of the case and the age of the person bringing the claim.
As a rule, the more severe your injuries, the more complex your case, and the longer it can take to resolve. This is because in more complex and severe NHS negligence claims we often need to obtain numerous expert medical reports and monitor recovery to ensure the claim is settled at a reasonable level.
Other issues, such as disputes with the Defendant about whether they have breached their duty of care and caused an injury (liability), can also lengthen the time it takes to settle a claim.
Do NHS negligence claims go to court?
It is highly unlikely that you will need to go to court as part of an NHS negligence claim, though it is possible.
The vast majority of claims are settled through negotiations with the other party, during which your NHS negligence solicitor will provide tailored legal advice and representation to secure the best possible outcome. Where there is a dispute on liability and the amount of compensation owed, legal representatives for both sides will follow the Pre-Action Protocols to attempt to resolve the issue without going to court.
However, if this is unsuccessful, a court hearing may be necessary. If this is the case, your solicitor will talk you through what will happen next and will continue to represent you throughout proceedings.
Will I still be entitled to NHS care after making a claim?
Yes, you will still be entitled to NHS care after making a claim for NHS compensation.
Making any type of a medical negligence claim should never have an impact on the treatment you receive or where you can go for treatment. All healthcare providers are duty-bound to provide proper care and treatment, regardless of any complaint or claim made against them by a patient.
If you feel you have been mistreated due to your claim, it is crucial you speak to your solicitor as soon as possible, as they will be able to advise you on what to do and support you in taking the necessary steps to move forward.
Will the doctor or health professional who treated me lose their job?
While it is possible, we do not directly get involved with or affect any decision made by an NHS organisation against an individual responsible for negligent practices.
Our core focus throughout your NHS negligence claim is securing the best possible outcome for you, in terms of both the financial settlement and access to high-quality treatment and rehabilitation.
A claim will also raise awareness of poor and harmful practices, and by highlighting these issues, we can help to prevent them from re-occurring in the future. However, we do not have any involvement in how the NHS decides to handle such matters internally.
Will my claim make a difference?
Yes, making an NHS negligence claim can make a huge difference, to both you and any future patients undergoing similar treatment. By highlighting poor or dangerous practices, your claim can have an impact far beyond securing compensation. It can also ensure that any problems are investigated and remedial action is taken to ensure standards of care improve.
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help. Mr and Mrs H (medical negligence client)
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive. Mr Q (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim. Ms S (medical negligence client)