By Stephen Chambers. Last Updated 25th September 2024. Have you been subjected to suffering through no fault of your own? Do you believe the NHS’s failings to be responsible? If so, you could be entitled to compensation by making a medical negligence claim against them. In this article, we’ll explain how you could sue the NHS in order to get the compensation that you deserve.
However, making a claim against the NHS can be challenging, meaning many are unsuccessful. With this in mind, did you know that a solicitor could not only help your claim’s chances but even maximise the amount of compensation that you get out of it?
Whether you’re looking for legal help or simply some advice, please don’t hesitate to get in touch with us today. For no charge at all, we can offer you a specialist consultation tailored to your unique case, providing you with information on everything discussed in this article and more.
If you’re happy to proceed, our advisors can even connect you with our panel of medical negligence lawyers who can offer expert support in making your claim. What’s more, they’re committed to always providing a No Win No Fee service to their clients, meaning you won’t have to pay them anything unless they win your compensation for you.
With years of experience successfully handling everything from NHS medical negligence cases to personal injury claims, why not get your free consultation today to see how they could help you?
- Fill in one of our contact forms for us give you a callback
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Select a Section
- How To Sue The NHS For Medical Negligence
- Why Would You Sue The NHS?
- What Evidence Do I Need To Sue The NHS?
- What Should I Do If I Suffer From Medical Negligence?
- What Is The Average Payout For A Medical Negligence Claim?
- How To Sue The NHS On A No Win No Fee Basis
- Contact Our Team
- Additional Materials On How To Sue The NHS
How To Sue The NHS For Medical Negligence
All medical professionals owe you a duty of care. This applies regardless of whether they work for the NHS or a private medical institution. Per their duty of care, they must ensure that they provide you with the minimum expected standard of care when treating you. Should they provide care lower than this expected standard, this could cause you to suffer harm that may have otherwise been avoided.
To be able to make a medical negligence claim, you must prove the following factors apply to your case:
- You were owed a duty of care by a medical professional.
- This duty was breached.
- This breach caused you to suffer avoidable or unnecessary harm.
For further advice regarding how to sue the NHS if you were potentially to be harmed by them, you can contact our advisors.
Why Would You Sue The NHS?
If your suffering was avoidable, meaning the NHS could have prevented it by adhering to what’s expected of them as part of their duty of care, then they could be held liable for this negligence if you can prove their failings.
However, it’s important to note that you must begin your claim within 3 years of the incident or the date that you realised you’d been caused to suffer as a result of it. Otherwise, you risk becoming ineligible for compensation that you may have been previously entitled to if you don’t act fast.
Whether you’re looking for legal help or simply some advice, please don’t hesitate to get in touch with us today. For no charge at all, we can offer you a specialist consultation tailored to your unique case and can connect you with a medical negligence solicitor.
Alternatively, please refer to the next few sections for some examples of why you may wish to sue the NHS and how you might be entitled to do so.
Misdiagnosis
Have you received a misdiagnosis – or worse, a missed diagnosis altogether – that led you to suffer? If you believe the NHS’ failings to be responsible for this, then you could be entitled to compensation.
Some common grounds for NHS medical negligence claims of this type include:
- Receiving an incorrect diagnosis
- No diagnosis being recognised at all
If you have a feeling that your diagnosis or lack of diagnosis could be incorrect, it’s important that you don’t ignore the signs and explore any alternatives that could provide an explanation with the help of your healthcare professional.
As misdiagnoses are preventable, you could have grounds to claim against the NHS if their failings were responsible for your subsequent suffering. Whether you’re looking for legal help or simply some advice on NHS negligence claims involving a misdiagnosis, please don’t hesitate to get in touch with us today for a free consultation on your circumstances.
Pregnancy And Birth Injuries
Another reason why you may wish to sue the NHS is if you or your baby were caused to suffer a pregnancy or birth injury as a result of the organisation’s failures.
Some examples of medical negligence in a maternity setting include:
- Improper NICU care resulting in a birth injury
- Mismanaged emergency procedures resulting in things like fetal distress
- Excessive pressure on the baby’s head (e.g. by forceps) causing a traumatic birth injury
- Failure to quickly deliver a baby with oxygen deprivation causing birth asphyxia
We know how distressing it can be to think that you or your baby were harmed as a result of the NHS’ failings. Whether you’re looking for legal help or simply some advice, please don’t hesitate to get in touch with us today for a free consultation on your circumstances.
Never Events
A Never Event is defined by the NHS as a serious incident that was entirely preventable due to guidelines being in place. As any patient subjected to a Never Event may be seriously harmed or even killed as a result, the severity of these incidents must be met with full investigations into how they occurred.
Some examples of Never Events could include:
- Your surgery being performed on the wrong site
- A foreign object being left inside you after surgery
- Being administered feed through a wrongly placed gastric tube
- Being administered medication through the wrong route
Have you experienced a Never Event while in NHS care? Do you want to sue the NHS for their negligence that caused you to suffer?
If you can prove the NHS breached its duty of care, why not speak to one of our advisors today to see how our panel of clinical negligence lawyers could help you get the compensation that you deserve. You can also talk to us for free advice on NHS compensation claims too.
What Evidence Do I Need To Sue The NHS?
When it comes to NHS negligence claims, evidence is vital. Without sufficient evidence, it’s difficult to prove liability or fault on the part of the medical professional or organisation.
Here’s a breakdown of some of the most important pieces of evidence you need:
- Medical notes or letters from your doctor or hospital – If you have received negligent care, you may have received a letter from the NHS explaining the errors and the next steps to rectify them. This can prove a very important piece of evidence. If you do not have this, letters or notes relating to the treatment received can also prove useful.
- Details of any witnesses – if you attended appointments with a family member or friends, they could substantiate your claim by confirming your version of events. Providing your medical negligence lawyers with their contact information can be an important step.
- Further medical evidence – if you choose to pursue a claim, your lawyers will look to obtain further medical evidence from an independent expert. The cost of this will be borne by your lawyer.
The best thing to do is to supply your medical negligence solicitors with as much evidence as you have at the outset of your claim. This way they can provide a proper assessment of your chances of success and can advise whether or not further evidence is required.
What Should I Do If I Suffer From Medical Negligence?
Did you know that you could also claim on behalf of someone else that’s died as a result of the NHS’ medical negligence or isn’t able to take legal action themselves as they don’t have the capacity? Providing that you’re their next of kin and can evidence the claim, it’s worth looking into whether you could get them the compensation that they deserve.
By going down the route of following the NHS’ complaints procedure, you could be able to learn more about the situation in question before pursuing legal action for it. If you decide to make a claim, you can expect NHS Resolution to represent the defence.
However, making a claim against the NHS can be challenging. With this in mind, did you know that a solicitor could not only help your claim’s chances but even maximise the amount of compensation that you get out of it?
Whether you’re looking for legal help or simply some advice, please don’t hesitate to get in touch with us today. You could be connected to our panel of clinical negligence lawyers who can offer expert support in making your claim. What’s more, they’re committed to always providing a No Win No Fee service to their clients, meaning you won’t have to pay them anything unless they win your compensation for you.
Why not get your free consultation today to see how they could help you?
What Is The Average Payout For A Medical Negligence Claim?
As part of wanting to know how to sue the NHS, you may also like to know about the average compensation that could be awarded for medical negligence. However, knowing about average payouts may not be beneficial for you or your claim against the NHS. This is because every successful medical negligence claim is different, with compensation awarded on the case’s own unique merits.
Firstly, the settlement of a successful claim will consist of general damages. This is compensation awarded for the physical pain and mental suffering caused by the incident. When arriving at a figure for general damages, those responsible for calculating claims may refer to the guideline compensation brackets published by the Judicial College. This a document that provides guideline values for different injuries and illnesses.
Compensation Guidelines
In our table, we’ve provided a few figures from the guidelines. Additionally, we provide a figure in the top row that shows how you can be compensated for multiple types of harm plus related expenses (more on these expenses below the table). Please note that this figure was not taken from the Judicial College Guidelines. Also note, that as all medical negligence claims are different, this table is only for illustrative purposes.
| Injury/Harm | Severity | Guideline Compensation |
|---|---|---|
| Multiple Instances Of Severe Harm And Special Damages Such As Lost Earnings | Very Serious | Up to £1,000,000+ |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Kidney | Both Kidneys - Serious and Permanent Loss/Damage | £206,730 to £256,780 |
| Kidney | One Kidney - Loss | £37,550 to £54,760 |
| Post-Traumatic Stress Disorder (PTSD) | Severe | £73,050 to £122,850 |
| Epilepsy | Established Grand Mal | £124,470 to £183,190 |
| Injuries Affecting Sight | Total Blindness | In the region of £327,940 |
| Impairment of Taste and Smell | Total Loss Of Taste And Smell | In the region of £47,810 |
| Bowel Injuries | Double Incontinence | Up to £224,790 |
Special Damages
Some successful claimants may also be awarded special damages as part of their settlement. Under special damages, you can be compensated for the financial losses caused by the harm you suffered.
You can be reimbursed for:
- Lost wages.
- Medical expenses, such as physical therapy and prescriptions.
- Domestic help, such as with childcare while you recover.
- Nursing care.
As part of the claims process, when you sue the NHS for negligence, you will be asked for documentation proving your costs and losses. For example, receipts, invoices and payslips.
If you have any questions about how your compensation could be awarded if you successfully sue the NHS, or if you would like a free valuation of your claim, speak to one of our advisors.
How To Sue The NHS On A No Win No Fee Basis
Now that we’ve explored how to sue the NHS if you have a valid medical negligence claim, let’s talk about No Win No Fee agreements.
No Win No Fee agreements are a type of contract that a solicitor can work under. Usually, when a solicitor agrees to take on your case on a No Win No Fee basis:
- You don’t have to pay for them to start working on your claim.
- You don’t have to pay for their services to continue.
- You don’t have to pay for their work if the claim fails.
If the claim succeeds, your solicitor will take a small percentage of your compensation as a success fee.
Working with a No Win No Fee solicitor can come with many benefits because they can help you:
- Gather evidence.
- Talk to the other side.
- Ensure your claim is filed within the time limit.
- Understand technical legal terms.
- Negotiate a settlement.
- Present your claim in court, if necessary.
Our panel of expert solicitors work on a No Win No Fee basis, and provide their clients with a Conditional Fee Agreement (CFA). To find out if a solicitor from our panel could help you, or for more information on when you may be able to sue the NHS for medical negligence, you can contact our advisors.
Contact Our Team
Whether you’re looking for legal help or simply some advice, please don’t hesitate to get in touch with us today. For no charge at all, we can offer you a specialist consultation tailored to your unique case, providing you with information on everything discussed in this article and more.
If you’re happy to proceed, our advisors can even connect you with our panel of clinical negligence claims lawyers to offer expert support in making your claim. What’s more, they’re committed to always providing a No Win No Fee service to their clients, meaning you won’t have to pay them anything unless they win your compensation for you.
With years of experience successfully handling everything from medical negligence cases to personal injury claims, why not get your free consultation today to see how they could help you?
- Fill in one of our contact forms for us give you a callback
- Use the chat feature at the bottom of your screen to speak to one of our advisors live
- Call us on 0800 408 7827