How To Sue The NHS – A Guide To Claiming Compensation

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?

how to sue the nhs
How To Sue The NHS

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 medical negligence cases to personal injury claims, why not get your free consultation today to see how they could help you?

Select a Section

  1. How To Sue The NHS – A Guide To Claiming Compensation
  2. Why Would You Sue The NHS?
  3. What Is The NHS’s Duty Of Care?
  4. How Can The NHS Breach Their Duty Of Care?
  5. NHS Negligence Stats
  6. What Should I Do If I Suffer From Medical Negligence?
  7. What Is The Average Payout For An NHS Claim?
  8. No Win No Fee NHS Claims
  9. How To Find A Quality Medical Negligence Solicitor
  10. Contact Our Team
  11. Additional Materials On How To Sue The NHS

How To Sue The NHS – A Guide To Claiming Compensation

To try to help you get a better understanding of how to sue the NHS, we’ll answer some common questions asked by claimants, such as:

  • Can I make a claim against the NHS?
  • Can I sue the NHS after 3 years?
  • Can you sue the NHS for delay in treatment?
  • How do I make a claim against the NHS?
  • How do I make a medical negligence claim?
  • How long does a claim against the NHS take?
  • How much does the NHS payout in compensation?
  • What is the average payout for medical negligence UK?

In the process of guiding you towards securing the compensation that you deserve for your suffering, we’ll also present you with our expert advice on the situation, such as:

  • What to do if you fall victim to medical negligence
  • Why a No Win No Fee agreement could help you
  • How to find a quality medical negligence solicitor to handle your case

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. 

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 our panel of medical negligence lawyers could help you?

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, providing you with information on everything discussed in this article and more. 

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 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 sue the NHS if their failings were responsible for your subsequent suffering. 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.

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. In the meantime, please continue reading for some recent Never Event statistics.

What Is The NHS’s Duty Of Care?

In order for you to be able to sue the NHS and establish that you have a valid claim, your situation must be able to prove the following three criteria:

  • The NHS owed you a duty of care
  • The NHS acted in breach of their duty of care
  • This breach by the NHS caused your suffering as a result

In other words, 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.

If the incident you experienced was preventable, you could have grounds to sue the NHS if you can prove that their failings were responsible for your subsequent suffering. 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.

How Can The NHS Breach Their Duty Of Care?

If safety measures outlined in the NHS Constitution are neglected by members of the organisation, then this could place them in breach of their duty of care that they owe to their patients. In some cases, your legal rights are also breached in the process, meaning you may have grounds to make a claim for any suffering that you’ve subsequently experienced.

Values outlined in the NHS Constitution mean that you should expect to be treated with respect, kindness and compassion when using their services. Some key pillars of this constitution are a commitment to provide quality care, safety and efficiency. What’s more, NHS workers should strive to always be open and honest with you in regards to what they can and can’t do in a situation. 

Organisations with this duty of care include but are not limited to:

  • Hospitals
  • GP practices
  • Independent organisations carrying out NHS duties
  • Local authorities providing public healthcare duties

Have you been subjected to unsafe practices? Was appropriate kindness not provided in the communication of distressing news? In some cases, mistakes can be made, meaning these values may not be properly met. If you’ve experienced this first hand, this can be extremely upsetting. 

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.

NHS Negligence Stats

In this section, we’ll provide you with some facts and statistics on medical negligence demonstrated by the NHS. In particular, the data presented is taken from a report exploring Never Events that the organisation experienced in 2020.

In total, 205 serious incidents were logged as Never Events on the NHS’ system in 2020, reported to have taken place during a period between April and October that year. Details provided about these incidents showed that the most common could be categorised as the following:

  • 69 wrong-site surgeries
  • 42 foreign objects retained post-procedure
  • 16 misplaced gastric tubes with feed administered
  • 15 unintentional connections of an oxygen mask with an airflow meter
  • 14 wrong implants or prosthesis
  • 13 wrongly routed administrations of medication

As these statistics show, there are many different types of medical negligence incidents that you could fall victim to through no fault of your own. 

Whatever your situation, please don’t hesitate to get in touch with us today to see whether you could sue the NHS for the suffering that you’ve experienced. 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. 

In the meantime, if you’d like some advice about what to do if you find that you’ve suffered from medical negligence, please see the next section of this article.

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 An NHS Claim?

After falling victim to an incident of medical negligence at the hands of the NHS, it’s common to wonder whether you could be entitled to compensation for your suffering. In this section, we’ll explore how your payout could be valued according to the typical procedure.

Generally, compensation for medical negligence claims is calculated according to two different heads of loss that the incident in question has caused; general damages and special damages.

When valuing your general damages payout, the extent of your suffering will be assessed in terms of any physical or psychological harm that you’ve been caused by the NHS. Therefore, any mental distress that you experienced as a result of the organisation’s negligence will also be taken into consideration.

In order to assess the extent of any physical suffering that you’ve been caused, your solicitor can arrange for an independent medical expert to evaluate you. This way, a medical report can be generated to support your claim.

For more information on finding legal help to get you the compensation that you deserve, please don’t hesitate to get in touch with us today. You could be connected to our panel of medical negligence 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 compensation for you.

Calculating General Damages With A Medical Negligence Claim Calculator

As compensation calculators can give you generalised figures rather than real estimates, we would instead recommend that you seek a free consultation with one of our specialist advisors today. Once we know more about your claim we can properly advise you on its value. We’re available 24/7, so please don’t hesitate to get in touch on the number at the top of this page.

In the meantime, please take a look at the table below which provides some compensation examples for injuries from the Judicial College Guidelines:

Injury
NotesAward

Post-Traumatic Stress Disorder (moderate)

You will be expected to fully recover without lasting disabilities

£7,860 to £21,730

Fracture of index finger

Your fracture will heal fast but grip will be impaired

£8,550 to £11,480

Post-Traumatic Stress Disorder (PTSD)

You will be disabled by your persistent trauma

£56,180 to £94,470
Severe foot injury
You will require extensive surgery, causing disability and hindering mobility

£39,390 to £65,710

Back (severe)

You will have a damaged spinal cord and nerves, causing immense pain and disability

£85,470 to £151,070

Special Damages

As well as general damages, special damages can also be claimed to account for any financial loss that the NHS has caused you to suffer or potentially suffer in future, including:

  • Medical fees (e.g. prescriptions)
  • Travel fees (e.g. to medical appointments)
  • Care costs (gracious or professional care)
  • Income loss 

To successfully recover costs back, it’s important to supply evidence. This could come in the form of receipts, bills and bank statements. Without evidence, you may have no joy in winning compensation in this area.

No Win No Fee NHS Claims

Have you heard of a No Win No Fee agreement? 

Our panel of clinical negligence lawyers is 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 compensation for you.

If your solicitor does happen to win compensation for you, then a ‘success’ fee will be taken from your payout. However, this isn’t a catch. Instead, it’s a small percentage of your settlement award that’s capped by law to ensure you get the compensation that you deserve for your suffering.  

What’s more, as part of this service, you don’t have any upfront or hidden fees to pay at any time. This way, you get a sense of financial security rather than experiencing the typical risk involved in making a claim against a large organisation such as the NHS.

How To Find A Quality Medical Negligence Solicitor

As making a claim against the NHS can be challenging, 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?

It’s hard to know where to find the best solicitor for you, but by contacting us today, you need not look any further. From the comfort of your own home, you can get a free consultation with one of our specialist advisors free of charge at your convenience. If you have a valid claim, they can put you in touch with our panel of lawyers who can handle your case on a No Win No Fee basis. 

We can work with you remotely, communicating via telephone, email or even meeting-up face-to-face. So, why not see how we could help you successfully sue the NHS today?

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 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?

Additional Materials On How To Sue The NHS