Need information on how to sue the NHS for a delay in treatment? Perhaps you suffered harm because essential care was not provided on time. Or has your condition worsened because of an interruption in your recovery plan? If so, this guide provides useful information about how to seek compensation from the NHS for delayed treatment.
In the following sections, we explore what delayed treatment claims are based upon and what is considered to be the acceptable amount of time to wait for treatment. Medical negligence is explained. We also look at claiming for another person. Although every claim varies, we also detail what sort of compensation might apply if the claim is a success.
The final section of our guide on how to sue the NHS for a delay in treatment looks at the help a solicitor can offer. The ones on our panel frequently provide a form of No Win No Fee agreement to help claimants launch a claim without worries of legal costs holding them back.
Read on to learn more, or if you’d like, you can discuss this and any other questions you have with our team now:
- Call 0800 408 7827 to speak to an advisor.
- Talk to an adviser via the live discussion option below.
- Fill in our contact form.
Frequently Asked Questions
- What Are Delayed Treatment Claims?
- What Is The Acceptable Wait Period For Treatment?
- Is Delayed Treatment Caused By Medical Negligence?
- Can You Sue The NHS For Delay In Treatment?
- How Much Compensation You Could Get For Delayed Treatment
- How To Sue The NHS For Delayed Treatment
- What Is A Conditional Fee Agreement?
- Learn More
What Are Delayed Treatment Claims?
Anyone who seeks medical care in the UK is automatically owed a duty of care by those treating them. All medical professionals are expected to meet certain standards in patient care, which, if they fall below and cause harm unnecessarily, could be classed as medical negligence.
Waiting times are a reality. However, a delayed treatment claim would usually be a type of legal action to seek compensation for harm caused because a medical procedure was unacceptably delayed.
Next, we look at some examples of delays that might cause harm and provide an example of instances where a claim could apply. Connect at any point for help as you read:
Delays Result In Worsening Condition
Delays in crucial care can increase the risk of complications and adverse outcomes. Future prognosis can be harmed and the person can suffer a real deterioration in the quality of their life in all areas.
Example – A patient waiting for test results was not given a follow-up appointment for several months. Because of this delay in diagnosis and treatment, they missed the opportunity for early intervention and the illness caused organ damage. Furthermore, they also faced reduced treatment options at this late stage.
Delays Lead To An Increase In Pain
The human body is resilient and can often repair itself. However, it is always advisable to treat conditions promptly to avoid unnecessary pain and suffering.
Example – A patient with traumatic arthritis was left undiagnosed and the delay in rehabilitation meant the pain in their ankle worsened. This missed fracture and delay created a significant lack of mobility, increased pain and suffering.
Recovery Chances Reduced Or Reduced Life Expectancy
It is important that medical conditions like cancer are treated as quickly as possible. Delays in treatment or interruptions in recovery plans can set the patient’s recovery back and allow the condition to re-establish itself.
Example – A person with bowel cancer had their course in chemotherapy postponed by two months, which allowed the cancer to spread to other parts of the body. This seriously impacted their overall health and significantly reduced the person’s life expectancy.
Further Illness Caused By Delays
In addition to the pain and distress of living with an untreated condition, or the inconvenience of cancelled and delayed care, other conditions can rise up.
Example – An out-patient with a serious spinal condition had their operation cancelled and postponed several times. Because of this, they became heavily reliant on painkiller medication in order to cope and increasingly lost mobility. In addition to this, they became even more ill with depression and anxiety.
NHS Admit That Treatment Should Not Have Been Delayed
The NHS has stretched resources and waiting times are a constant concern for both patients and healthcare providers alike. While we may sympathize with the burden the NHS deals with, you are nonetheless entitled to receive healthcare that meets the minimum expected standard and failure to receive this entitles you to seek compensation for the harm suffered.
If the NHS admits that a waiting time was unacceptable and compensates you for this, the money comes from a designated fund, so you are not detracting vital funds from frontline services when you seek damages. In addition to this, it is vital that a degree of accountability is in place and that wait times are followed as closely as possible by the NHS.
If you want to know how to sue the NHS for delay in treatment but have concerns about doing so, speak to our team for clear guidance.
What Is The Acceptable Wait Period For Treatment?
The NHS states that patients referred for a health condition have the right to start non-urgent treatment or cancer care within certain maximum waiting times. This period starts from the date that the hospital receives your referral letter, or when your first appointment is booked through the NHS e-Referral Service.
Currently, the maximum waiting time for non-urgent consultant-led treatments is 18 weeks from referral. Urgent wait periods for things like suspected cancer should be 28 days from the date of referral. However, the NHS admit that waiting times vary between hospitals and this is important to consider when choosing where to be treated. Sudden cancellations for non-clinical reasons mean the patient should be provided with another date within 28 days or the option of funded treatment elsewhere.
This resource offers more information on NHS waiting times. If you think you were overlooked, your treatment was postponed unreasonably, or GP misdiagnosis caused a delay and made you ill, speak to us about how to sue the NHS for delayed treatment.
Is Delayed Treatment Caused By Medical Negligence?
Not every example of a delay in treatment is medical negligence. Legitimate delays may be required, for example:
- If you need to lose weight or stop smoking prior to treatment.
- If it is clinically appropriate for the condition to be monitored for a while without any immediate intervention.
- You fail to attend an appointment.
- Or choose to wait for treatment to start for personal reasons.
As we looked at above, the foundation of medical negligence claims needs to be that you suffered unnecessary and avoidable harm because of a delay in receiving care and that this situation fell below the standards you are entitled to expect. Call to discuss more if you are unsure.
Can You Sue The NHS For Delay In Treatment?
With this in mind, three points need to be clearly established:
- The healthcare professional had a standard of care to meet.
- They feel below this standard.
- You suffered avoidable and unnecessary harm as a direct result. This is harm that would not have been experienced if the correct healthcare had been administered.
With these three points in place, you could have an eligible case for medical negligence. These same points apply whether your claim is being made against the NHS or a private healthcare provider.
However, its important to check with us as not all cases of harm are because of negligence. Medical conditions can deteriorate through no fault of the care given. Furthermore, not every claim of negligence leads to compensation so call to check your eligibility.
Claiming On Behalf Of Another Person
Time limits apply to making a claim (we discuss below) but minors and those lacking mental capacity have an option for a claim to be made for them. Both groups may start a claim immediately if the courts appoint a family member (or other concerned party) to act as a litigation friend. This is someone who attends to all the duties of the claim on the person’s behalf. Call for more information on the role of litigation friends.
How Much Compensation You Could Get For Delayed Treatment
It’s important to stress that claims are valued on an individual basis and will always vary. There is a method for calculating a provisional amount using publications like the Judicial College Guidelines (JCG). In its 17th edition, this gives guideline values for a variety of harm based on severity and the table below is made up of excerpts from this (except the first line).
Compensation Guidelines
| AREA OF HARM | SEVERITY | GUIDELINE BRACKETS |
|---|---|---|
| Several, serious forms of harm and special damages for care, lost income and private medical bills. | Serious | Up to £1 million plus. |
| Head/Brain | (a) Very Severe | £344,150 up to £493,000 |
| Female Reproductive System | (a) Infertility and complications | £140,210 up to £207,260 |
| Epilepsy | (a) Established Grand Mal | £124,470 up to £183,190 |
| Lung Disease | (a) Worsening in a young person and leading to premature death. | £122,850 up to £165,860 |
| Psychological Harm | (a) Severe | £66,920 up to £141,240 |
| Kidney | (b) Significant future infection risk | Up to £78,080 |
| Digestive System - Traumatic Injury | (ii) Serious | £20,490 up to £33,880 |
| Spleen | (a) Loss of spleen | £25,380 up to £32,090 |
| Hernia | (b) Reoccurrence risk | £8,560 up to £11,120 |
Please remember, that the best way to obtain an accurate idea of what compensation may be owed is to consult a solicitor. If you’d like free guidance on this, speak to our team on the contact options above.
How Is Delayed NHS Treatment Compensation Calculated?
If the claim succeeds, you may be entitled to compensation made up of two categories of loss called general and special damages. The physical pain and suffering, as well as any psychological injury and permanent disability, is assessed under general damages.
Those groups who calculate general damages often refer to the medical records that have been submitted as evidence. They then use the Judicial College Guidelines (JCG) to reach an approximate value. You can see an example of the compensation brackets from these guidelines in the table above.
In addition to general damages, you might qualify to claim back your associated financial losses and expenses. Under special damages, you have the opportunity to present documented proof of these losses such as:
- Payslips that reveal a drop or loss in earnings because you couldn’t work.
- Proof of any private medical expenses or rehabilitation costs.
- Receipts for amounts paid out to anyone who helped you cook, clean and shop after the harm suffered.
- Invoices or estimates for essential adaptations needed in your home or to your car.
- Any extra childcare costs.
- Tickets and receipts for essential travel.
The solicitors on our panel are experts at calculating special damages and can confidently predict future costs or expenses that you might face. Thereby providing a much more thorough and detailed picture of the compensation. Why not call and see how they could calculate general and special damages for your pain, emotional distress and financial losses?
How To Sue The NHS For Delayed Treatment
When considering how to sue the NHS for a delay in treatment, there are time limits to be aware of. Under the terms of the Limitation Act 1980, there are normally three years in which to begin a case. This starts from the date of immediate harm or the date when it could be reasonable to suppose you were aware that negligent care was causing you harm (the ‘date of knowledge’). Two groups of claimants are exempt from the standard time limit:
- Minors cannot initiate a claim until they turn 18, whereupon the three-year time limit starts.
- Those lacking mental capacity are not bound by a time limit unless and until sufficient mental capacity returns. From this date, they are allocated three years to claim.
Our advisors are happy to discuss time limits if you’d like to get in touch.
What Evidence Is Needed To Support A Claim?
Knowing how to sue the NHS for delay in treatment starts by proving that care was sub-standard and you were harmed. So it’s important to assemble evidence of this, such as:
- Copies of your medical records that show how the delay in treatment worsened your condition or gave rise to new complications.
- A diary of key dates and treatments.
- Photos of visible harm.
- The contact points for others who witnessed the medical negligence, in this case it could be a family member who saw your condition deteriorate because of the waiting time.
- All paperwork and correspondence from the NHS Trust about your appointment dates and prognosis.
Evidence like this can form the backbone of a compensation claim against the NHS. If you’d like to learn more about how a solicitor could assist you in gathering proof to bolster your claim, get in touch.
How Long Until Compensation Is Paid?
Receiving compensation in a claim against the NHS can be impacted by several factors:
- Whether the NHS dispute medical negligence took place.
- The severity and extent of your harm and the treatment recommended.
- If the claim needs to be heard in court.
- Whether the court is in possession of all the evidence or reports from specialists that may be required.
Because every medical negligence claim is different, the advice and guidance of a skilled solicitor could help resolve it quickly. Take a moment to speak with our team and see if you could take advantage of their expertise.
What Is A Conditional Fee Agreement?
Our panel of solicitors offer excellent legal representation to eligible claimants in a way that doesn’t add to their financial burden right now. By offering a type of No Win No Fee contract called a Conditional Fee Agreement (CFA) you could benefit from the following:
- No initial solicitor’s fees apply for work to start.
- No fees apply for their work going forward.
- No fees are owed at all for finished work if the claim doesn’t settle in your favour.
- A nominal percentage goes to your solicitor if the claim wins. This is deducted from the compensation.
- This ‘success fee’ is discussed and agreed upon between you and your solicitor before work begins.
- Also, the percentage amount is subject to a legal restriction. Thereby guaranteeing that you receive almost all of your compensation.
Contact How To Sue
If you’re interested in seeing whether you could start a claim this way, start by:
- Talking to an adviser via the live discussion option below about how to sue the NHS for a delay in treatment.
- Calling 0800 408 7827 to speak to an advisor.
- Filling in our contact form.
Learn More
This guide explored the topic of whether you can sue the NHS for a delay in treatment. These other resources offer further reading:
- This article has more information about how to sue the NHS for medical negligence.
- Also, here is information on birth trauma claims against the NHS.
- More information on surgical negligence claims.
External help:
- This resource looks at NHS Resolution which settles negligence claims against the NHS.
- Also, read about the role of the Care Quality Commission (CQC) in upholding healthcare standards.
- In addition to this, a useful symptom checker from the NHS.
To close, thank you for your interest in our guide on whether you can sue the NHS for a delay in treatment. For any further guidance or information on a compensation claim after medical treatment, please feel free to reach out to the team and learn more about how medical negligence solicitors could help.