Making an NHS Claim
The National Health Service (NHS) is a publicly funded healthcare system of the United Kingdom, as well as being the largest and oldest healthcare system of its kind.
Thousands of patients every year are treated by the NHS, and while most receive excellent levels of care, mistakes can still happen.
In 2013/14 there were 174,900 written complaints in England regarding NHS treatment.
Can I claim against the NHS?
If you have endured pain or suffering as a result of negligent NHS staff, you may be entitled to claim compensation.
NHS negligence can happen at any time, from the misdiagnosis of illness to incorrect or negligent surgery that leads to unnecessary suffering.
The NHS provides an important service to the people of the UK and so the idea of bringing about a claim against the NHS can lead to understandable concerns.
However, if a medical professional has been negligent in their duty of care to you or your loved one, causing further injury or distress, they need to be held to account.
Some examples of NHS negligence include:
- Misinterpretation of test results
- Delayed diagnosis
- Failure to request/complete necessary tests
- Insufficient examination
- Unnecessary surgery or surgery on the wrong body part
- Inadequate care following an operation
- Not being seen in an adequate time frame
- Errors/failure to note a patient's medical history
- Failure to identify an illness/injury such as a fracture
- Failure to obtain sufficient, informed consent
Will I Still Have Access to the Same Care I Am Currently Receiving?
If you are currently being treated by an NHS institution and wish to make a claim against it, you can still continue your treatment at the same institution.
You also have the right to receive treatment from an NHS institution you have previously made an NHS negligence claim against.
What impact will my claim have against the NHS?
Claiming against NHS institutions can highlight key problems in procedures and can help to prevent more NHS negligence in the future.
Once an NHS negligence claim has been settled, it is common for the NHS to begin internal investigations to understand how or why negligence occurred and how they can improve procedures to stop it happening again.
It can be a difficult decision to claim against the NHS, but if you or a loved one has suffered needlessly due to negligent practices, you have a right to claim for compensation.
Choose the NHS claim experts
At Medical Negligence Solutions, our legal team are highly experienced in dealing with claims against the NHS.
You can rest assured knowing you're being looked after by NHS negligence specialists who will ensure the process is as easy and stress-free as possible.
Our NHS compensation solicitors offer over 25 years of experience in winning compensation for NHS negligence claims.
For a free consultation about making a claim against the NHS, speak to a member of our friendly team today.
Call us on 0800 019 3460, use our simple online form or email firstname.lastname@example.org.
Frequently asked questions
Is there a time limit for bringing a compensation claim?
Yes, there is. In general, the time limit is 3 years from the date of the negligent treatment. If you were initially unaware that there was negligence at play, the 3 year time limit will apply from the date you first became aware that you suffered a significant injury and that injury was due to the defendant’s negligence. In practice, this means a claim form must be issued at Court to commence proceedings within 3 years of the negligent act or knowledge of the negligence.
Will I need to go to court?
In 97% of cases, medical negligence claims are settled before going to trial. However, in the unlikely event that you are required to go to court, we will be there to support you every step of the way.
How long do I have to claim?
You have three years from your date of knowledge of the negligence that gives rise to your complaint. If you are not an adult, time will run from your 18th birthday.