No one should have to deal with the consequences of medical negligence when they require treatment from the NHS, but unfortunately, mistakes happen. If you or a loved one have suffered as a result of substandard care, you could be entitled to compensation.
Medical negligence in the NHS refers to any instance in which a medical practitioner breaches the proper standards of care and as a result, the patient suffers unnecessarily from injury or illness. This covers a wide range of different scenarios, where harm has been caused by accident, mistake, carelessness, or oversight.
Some of the most common types of NHS medical negligence we see include:
Delayed or misdiagnosed cancer
GP negligence
Birth injury and gynaecological claims
Surgical error claims
Prescription error claims
How do I know if I can make a claim against the NHS?
Everyone has a right to healthcare, and the NHS has an obligation to ensure the safety of their patients throughout their treatment. This is true no matter who you saw, or what you required treatment for, whether a physical injury, an illness, or support from a mental health clinician.
Where NHS staff have not met this obligation and you or a loved one has suffered as a result, you could be entitled to make a claim for compensation.
To do so successfully, you’ll need to prove that the person treated you did not provide an adequate level of care, and that you suffered as a result. This could be due to injury, illness or a deterioration of your condition that would have been prevented had you received the correct care.
This may seem daunting, but you don’t need to have all the answers right away. If you think you’ve suffered due to medical negligence in the NHS, get in touch with our team today. We’ll take a detailed account of your case and can help you collect the evidence you need to make a successful claim.
Can I claim compensation for medical negligence?
If you’ve suffered from medical negligence, you may have the right to claim compensation. We specialise in all types of medical negligence claims, from misdiagnosis or delays in diagnosis to surgical or prescription errors. Watch our video of Anna who was left paralysed after mistakes were made in her surgery.
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What evidence do I need to prove NHS medical negligence?
When you make a claim against the NHS, you will need to be able to prove that the medica professionals you saw breached their duty of care and caused you unnecessary suffering. As already mentioned, you don’t need to have all the answers to hand straight away, and our solicitors will be able to help collect any evidence relevant to your case.
Generally speaking, evidence in a medical negligence case will include:
Your medical records: we’ll ask you to agree to let us access your medical records when you contact us, and these will be reviewed by independent medical experts to identify where the care you received dropped below an acceptable standard
Independent medical reports: this may include the results of an independent medical examination, or a report prepared by a medical expert for the court, detailing how medical negligence contributed to or caused your injuries or illness
Any evidence of financial losses: this could include lost wages from time spent out of work, travel expenses, or the cost of any rehabilitation or treatment you’ve required as a result of your injury or illness
Will my claim take money away from the NHS?
We understand that many people might feel concerned about making a claim against the NHS as they would not wish to divert money from essential services provided by our health service. Rest assured that no NHS negligence claim is paid out from NHS Trust budgets.
All claims are handled by NHS Resolution, an organisation set up by the Department of Health and Social Care to resolve disputes and handle complaints against the NHS.
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help.
Mr and Mrs H (medical negligence client)
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive.
Mr Q (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim.
Ms S (medical negligence client)
Simply put, yes you can. We know that the cost of pursuing legal action can be daunting, which is why the majority of the medical negligence cases we pursue, against both the NHS and private healthcare providers, are funded by a Conditional Fee Agreement – also known as No Win No Fee.
Using a No Win No Fee funding means that there are no upfront costs to making a claim. What’s more, if your claim is unsuccessful, you won’t have to pay any fees or costs. This means that there is never any financial risk to you.
At Slater and Gordon, our expert medical negligence team is one of the best in the country, and our industry-leading team are consistently ranked highly in independent legal directories, such as Chambers and Partners and the Legal 500.
Not only do we have many years' experience in handling compensation claims against the NHS, we also have the utmost sensitivity to handle your case with great care.
Crucially, our solicitors know the importance of supporting you and your family through this most difficult time. We understand your needs and the challenges you face and are dedicated to fighting for your rights.
Frequently asked questions about NHS medical negligence:
Is there a time limit for making a claim against the NHS?
If you believe you have a claim, it’s important that you seek advice from a lawyer that specialises in medical negligence cases as soon as possible, as there are time limits in place in England, Scotland, and Wales.
Under UK law, you have three years from the date the negligence occurred, or the date on which you first became aware (or could be reasonably expected to be aware) that you had suffered an injury or illness due to negligence. However, there are exceptions.
To learn more about the time limits of making an NHS medical negligence claim, you can visit our FAQs or our medical negligence claims guide.
Will I have to attend a medical examination as part of an NHS medical negligence claim?
Where your claim has been accepted, it will be necessary for an independent medical expert to review your medical records to determine the extent of your injuries or illness and how quickly you could be reasonably expected to recover. In some cases, it may be necessary to have a physical examination, though it may also be possible to rearrange an appointment online or over the phone.
Can I still make a claim against the NHS if I was referred to a private provider?
No matter who your healthcare provider was, you are entitled to make a claim for medical negligence if you’ve been injured or made ill due to substandard care. In the case where you’ve been referred to a private healthcare provider who has breached their duty of care, your claim would be made against them, not the NHS.
To discuss your claim in more detail, get in touch with our medical negligence team today.
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help. Mr and Mrs H (medical negligence client)
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive. Mr Q (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim. Ms S (medical negligence client)