How To Claim Against The NHS – Medical Negligence Compensation Claims Guide

The National Health Service (NHS) is an institution which we all rely on in the UK. NHS staff, such as nurses and paramedics, work tirelessly and are under a lot of stress to provide us with the correct standard of care. However, with an organisation so big, mistakes could potentially occur from time to time. 

In this guide, we discuss how you would go about making a claim against the NHS should medical negligence occur. We first outline the eligibility criteria to make medical negligence claims, and some examples of the possible types of negligence that could take place. 

We also discuss what evidence can support NHS compensation claims, and what the time limit to begin a claim is. 

Furthermore, we look at whether someone making an NHS negligence claim could still receive care from the NHS, and how successful medical negligence claims are calculated. To conclude our guide, we list the benefits of No Win No Fee medical negligence solicitors. 

So, to learn more on how to claim against the NHS for medical negligence, please continue reading or contact us. Our friendly advisors are available 24/7 to discuss your circumstances, so you can have a chat with us at a time that best suits you:

• Call 020 3870 4868.
• Use our ‘claim online’ form.
• Send a message to an advisor in our live chat box. 

Jump To A Section

1. Can I Claim Against The NHS For Medical Negligence?
2. What Types Of Negligence Can Lead To NHS Negligence Claims?
3. How To Claim Against The NHS For Medical Negligence
4. How Long Do I Have To Claim For NHS Negligence?
5. Will I Still Be Entitled To NHS Care After Starting A Claim?
6. How Much Compensation?
7. How To Claim Against The NHS On A No Win No Fee Basis
8. Read More About Medical Negligence Claims

Can I Claim Against The NHS For Medical Negligence?

All medical professionals, whether they work for the NHS or for a private healthcare service, owe their patients a duty of care. This means that they must always deliver the correct standard of care. 

If a medical professional delivers a standard of care that falls below what is minimally required from them, and you suffer avoidable harm from this (harm that should have been prevented), then this is medical negligence. 

As such, here is the eligibility criteria to make medical negligence claims:

1. You were owed you a duty of care from a medical professional, as you were one of their patients. 
2. They breached their duty by delivering substandard care. 
3. You sustained avoidable harm due to the breach.

There may be certain instances where you suffer harm but a medical professional did not breach their duty of care. In these instances, you may not be able to claim compensation. For example, if you did not make your doctor aware of an allergy, and it was not listed in your medical records, and they prescribed you medication that you had an allergic reaction to, you might not be able to claim.

So, if you think you meet the above criteria, you can contact our team today about your potential NHS negligence claim. An advisor can tell you if you’re eligible for compensation.

What Types Of Negligence Can Lead To NHS Negligence Claims?

There are multiple ways how medical negligence could possibly occur. Below, we have listed some examples.

As such, please do not worry if your circumstances are not listed below. It is always best to contact us for a case evaluation. 

Doctor Negligence Claims

Here are some ways how doctor negligence could potentially occur:

• Your doctor gave you a medication that you had a known allergy to as they failed to check your medical records. This led to you having an anaphylactic reaction.
• Your GP failed to send you for further tests, leading to a delay in treatment and diagnosis. 

Surgical Negligence Claims

Here are some ways how surgical negligence could potentially occur:

• Wrong-site surgery occurred because the surgeons didn’t pay attention to your medical records. For example, you went into surgery needing your left arm amputated, and they amputated your right arm instead. This is a case of unnecessary surgery.
• There was failure to fully sanitise the surgeons’ equipment due to unhygienic practices, which led to you contracting an infection after surgery. 

Childbirth Negligence Claims

Here are some ways how childbirth negligence could potentially occur:

• Applying too much pressure to the baby’s head by forceps, leading to a traumatic birth injury.
• A baby had oxygen deprivation, and there was failure to quickly deliver them. This led to birth asphyxia. 

Misdiagnosis Claims

Here are some ways how misdiagnosis could potentially occur:

• Test results were mixed up with the wrong patient due to poor care and organisation, leading to you being misdiagnosed and your condition worsening. 
• Despite you having multiple clear symptoms of a certain condition (for example, sepsis), a doctor misdiagnosed you because they failed to listen to what you were describing. This led to you requiring more intense treatment as your condition became fatal. 

Medication Error Claims

Here are some ways how medication errors could potentially occur:

• A pharmacist mislabels your prescription, meaning you receive the wrong medication completely meant for another patient. 
• Your GP prescribed too much dosage of your medication, leading to you overdosing. 

How To Claim Against The NHS For Medical Negligence

If you can potentially make a compensation claim against the NHS for medical negligence, you must have evidence. Evidence is really important in showing how duty of care was breached, and how this caused you to suffer avoidable harm. 

Some useful types of evidence to collect include:

• Copies of your medical notes and records. This can show the actions that the medical professional treating you took, as well as the effects and extent of your avoidable harm. 
• Contact information from anyone who witnessed the substandard care. Potential witnesses could be a family member or lived one who attended your medical appointment with you, or another medical professional. 
• A personal diary where you have recorded the symptoms and treatment of your avoidable harm. 
• Photographs if your avoidable harm is visible (such as any scarring, etc.).
• Copies of any letters confirming the dates of the medical appointments where negligence occurred. 

The above list may seem daunting to collect all by yourself. This is why collecting evidence to prove medical negligence is a part of our panel of solicitors’ services. So, to see whether you can receive help with gathering evidence, please contact us today. 

How Long Do I Have To Claim For NHS Negligence?

In the Limitation Act 1980, it states that the time limit to make a medical negligence claim is 3 years, commencing from either:

• The date medical negligence occurred.
• The date you realised that medical negligence occurred. 

However, this time limit is paused for:

• Claimants under the age of 18.
• Claimants who lack the mental capacity to make their own claim. 

While the time limit is paused, a litigation friend may be able to step in and begin a claim for the claimant. But, if a litigation friend hasn’t stepped in by the time:

• The claimant turns 18.
• The claimant regains their mental capacity.

Then the usual time limit will begin from these dates (the date of their 18th birthday or of their recovery).

Will I Still Be Entitled To NHS Care After Starting A Claim?

Yes, you will still be entitled to receive NHS healthcare and treatment, even if you are making an NHS negligence claim. But, if you’d prefer, you could potentially change your healthcare provider if you feel uncomfortable continuing your treatment at your practice. 

If you have any concerns on how to claim against the NHS and whether that will potentially affect your current treatment, you can contact us for support. 

How Much Compensation?

If you have a successful medical negligence claim, there are two heads of loss that could potentially make up your compensation. General damage is the first head of loss and is awarded in every successful medical negligence claim. Special damages is the second head of loss and is awarded in some successful medical negligence claims. 

Under general damages, you are compensated for the physical and psychiatric effects of your avoidable harm. As such, here are some factors that need to be considered to accurately value this head of loss:

• Loss of amenity. 
• Pain severity. 
• The prognosis.

Legal professionals can refer to the Judicial College Guidelines (JCG) to help them accurately value general damages. 

The JCG publishes guideline compensation awards for different types of psychiatric and physical harm.

Guideline Compensation Table

In the table below, you can find some types of harm that could potentially be suffered from negligent care in a medical setting. The harm and the guideline compensation awards for each have been taken from the JCG (except from the first award).

Please bear in mind that all medical negligence claims are unique. So, you cannot be guaranteed an exact figure for your potential claim.

Type of harm	Severity of harm	Guideline compensation award
Multiple serious types of harm with monetary losses	Serious	Up to £1,000,000+
Brain damage	Very severe (a)	£344,150 to £493,000
	Moderate (c)(i)	£183,190 to £267,340
Kidney	Loss/serious and permanent damage (a)	£206,730 to £256,780
	Significant risk of infection or total loss of function (b)	Up to £78,080
Bowels	Double incontinence (a)	Up to £224,790
	Complete loss of natural function (b)	Up to £183,190
Female reproductive system	Infertility with sexual dysfunction (a)	£140,210 to £207,260
Spleen	Loss of spleen (a)	£25,380 to £32,090

Special Damages

Under special damages, you are compensated for the monetary effects of your avoidable harm. This may include:

• Loss of earnings, if your avoidable harm has left you unable to work. 
• Costs for professional and domestic care. 
• Costs for adaptations. For example, if you now require a wheelchair permanently, your home will need to be made wheelchair friendly (by adding ramps, a stairlift, etc.).

Keeping evidence of the financial losses you have incurred from your avoidable harm is essential, since special damages are not always awarded. As such, please provide any receipts, bank statements, payslips, and invoices that can support you. 

To learn more about how medical negligence claims are valued, please contact us today. 

How To Claim Against The NHS On A No Win No Fee Basis

If you do potentially have an eligible medical negligence claim against the NHS, you could be connected to one of the No Win No Fee solicitors from our panel. Our panel can provide many services for their clients to make the claims process as smooth as possible for them, such as:

• Collect evidence. 
• Communicate with the defendant. 
• Ensure compensation is accurately valued. 
• Ensure the case is filed within the limitation period. 
• Explain any legal terminology. 
• Send you updates throughout the case. 
• Find legal representation if the case goes to court. 

Our panel of solicitors offer these services under a Conditional Fee Agreement (CFA).

Here is how you can benefit from working with your solicitor under a CFA:

• You don’t pay anything upfront for your solicitor’s services. 
• You don’t pay anything throughout the claims process for your solicitor’s services. 
• If the claim is unsuccessful, you don’t pay anything for your solicitor’s services at all.
• If the claim is successful, a success fee will be deducted from your compensation by your solicitor. A success fee is a legally-capped, small percentage.

So, please contact us to find out whether it is possible for you to make a medical negligence claim against the NHS. Our advisors are on hand 24/7 to listen to your circumstances:

• Call 020 3870 4868.
• Use our ‘claim online’ form.
• Send a message to an advisor in our live chat box. 

Read More About Medical Negligence Claims

Here are some of our other guides on medical negligence claims:

• A guide on how long it could take to potentially sue the NHS for medical negligence.
• Advice on how to report a doctor for medical negligence.
• Advice on how to complain about medical negligence in a hospital.

Additionally, below are some other pages which you may find useful:

• General Medical Council (GMC) – find out more about the professional standards that are expected from doctors and other medical professionals.
• NHS – find out more about the NHS Resolution, which is set up by the NHS to help claimants.
• Royal College of Nursing (RCN) – find out more about the duty of care that is expected from nurses.

Thank you for reading our guide on how to claim against the NHS for medical negligence. Please remember that our friendly team is here to answer any of your queries.