Can you sue the NHS? Making a claim against the NHS for negligence

Making a claim against the NHS

Suffering from medical negligence is often an incredibly difficult and emotional challenging time. We put our trust and faith in medical professionals to take care of us and support us when we are unwell, and to learn that those in charge of our wellbeing have breached their duty can leave you feeling incredibly vulnerable.

We are very fortunate in the UK to have the National Health Service (NHS), and in most cases, the services and care provided are of an excellent standard. However, there are times when standards slip and mistakes happen, and patients are often left suffering the consequences.

For many in this position, making a compensation claim is a critical step in securing the financial resources and support they need to make a full recovery, whether this is to cover any financial loss from time out of work, or to provide funds for urgent medical care or rehabilitation and therapies.

Yet some people worry about the impact of making a claim against the NHS or are even unaware that they can do so. In this article, we explore how claims against the NHS for medical negligence work and what to do if you’ve been affected.

What is NHS negligence?

The term ‘NHS negligence’ refers to an incident in which a patient has received sub-standard care from a medical professional within the NHS, which resulted in their condition worsening or a new condition.

Examples of NHS negligence could include:

• Failure to properly investigate a patient’s concerns, thereby missing a diagnosis or causing an unnecessary delay in diagnosis
• Errors in the diagnostic process, such as inaccurate interpretations of test results resulting in misdiagnosis or delays in referring cases to specialists where necessary
• Medication errors, either by the prescribing doctor or the pharmacist
• Mistakes made during surgery, including incorrectly administering anaesthesia, carrying out unnecessary procedures or failure to properly inform patients of any associate risks

Can you sue the NHS?

If you’ve suffered medical negligence at the hands of an NHS medical practitioner, then you can make a claim against the NHS for compensation.

Every healthcare professional, whether working for the NHS or privately, owes their patient a duty of care. This means that, at all times, they are legally required to provide a high standard of care competently, giving the patient and their condition the proper attention and due diligence they deserve.

Where this does not happen and mistakes are made, the impact can be significant. It can affect not only your ability to work and earn a living, but it can cause difficulties in your personal life, affecting relationships and your mental health as a result.

It is only right in these circumstances that you receive the financial support you need to recover as much as possible. Any compensation claimed should cover any financial losses you have suffered due to the negligence (such as lost wages), as well as funds to help you access treatment or rehabilitation and enable you to enjoy a good quality of life (for example, if your mobility has been restricted, you may be able to claim money to fund mobility aids and home adaptations).

Will suing the NHS impact the care you receive?

No. Making a claim against the NHS – or a private healthcare provider, for that matter – should never impact the quality of care you receive or your entitlement to healthcare through the NHS.

As we have already mentioned, every healthcare professional is legally obligated to provide a high standard of care to their patients, regardless of the circumstances. This includes where the patient has made or is pursuing a claim against them.

It is understandable that you may not wish to be treated by the same medical professional or institution. If this is the case, you can ask to be seen by another practitioner or seek care elsewhere if you’d prefer.

As part of your compensation claim, you may even be able to claim the financial support needed to seek private medical care, particularly where the impact of the NHS negligence has been severe and urgent medical treatment is required to give you the best possible chance of recovery.

In these circumstances, your medical negligence solicitor will discuss the possibility of seeking interim payments to help fund treatment. These are payments made by the liable party (i.e. the NHS) to you before the final settlement has been agreed, enabling you to pay for treatment, rehabilitation or mobility aids and home adaptations sooner rather than later.

How to sue the NHS for negligence

To make a successful claim against the NHS for negligence, it must be established that the NHS professionals involved in your treatment breached their duty of care, leading to avoidable harm and suffering.

Proving medical negligence will involve gathering crucial evidence – both from your NHS medical records and from independent medical experts. You may also wish to make a formal complaint against the NHS regarding your treatment.

To start a claim against the NHS, you should speak to a specialist medical negligence solicitor with a strong background of securing compensation in clinical cases. This is because medical negligence claims can be incredibly complex, and it is critical that your solicitor understands the circumstances of your case and your condition to ensure they secure the full amount of compensation and support you deserve.

At Slater and Gordon, our medical negligence specialists have an incredible track record of successful claims against the NHS. Working closely with our in-house litigation nurses and midwives – all of whom have in-depth medical training – we consistently strive to put our client’s needs front and centre, securing not only the maximum amount of compensation available, but also the support and treatment they need to make the best possible recovery.

If you’ve suffered from medical negligence in the NHS and wish to speak to a member of our team for a no-obligation discussion about making a claim, get in touch on 0330 041 5869 or arrange a call back online today.