NHS Medical Negligence Compensation Claims

What is NHS clinical negligence?

NHS clinical negligence happens when medical professionals working for the NHS, such as GPs, doctors, midwives, and specialists, fail to live up to the duty of care they must provide. This is laid out in guidance from bodies like the General Medical Council, which all doctors are licensed by, and the Nursing and Midwifery Council, which licenses all nurses and midwives. 

NHS medical negligence can include the following:

• Errors - such as surgical or dental errors - that caused injury, illness, death, or made existing conditions worse.
• Missed, delayed, or incorrect NHS diagnoses that caused harm.
• Infections by bugs such as MRSA while under NHS care.
• Incorrect NHS prescriptions or treatments that caused harm.
• Negligent NHS medical record keeping that resulted in injury or illness.

What is a no win no fee NHS negligence compensation claim?

No win no fee claims are also called Conditional Fee Agreements (CFAs). If you make a no win no fee NHS negligence claim, you will only pay your legal team a pre agreed amount if you win, which will be taken from your compensation. If you lose, you do not pay any fees, either upfront or when your NHS claim stops. 

Our no win no fee solicitors will take on any financial risk and will pay for everything upfront on your behalf. The solicitors will do a detailed assessment of your NHS claim at the outset and will not waste your time if they don't think the claim has a reasonable chance of winning. And remember if for any reason your NHS negligence case isn't successful, you don't have to pay a penny.

Can I sue the NHS for negligence?

Yes, you can sue the NHS for negligence. According to NHS Resolution's Annual Report, in 2020/21, £2.26 billion was paid out in NHS claims, and 12,629 claims were received by the body in that year.

There are some limitations on who can claim. Adults making NHS claims have three years to start legal action after the negligence took place. If claiming on behalf of a child, you can claim any time up until they turn 18 years old, after which they have three years to start their claim.

To find out if you can sue the NHS for negligence contact our experts - they will tell you right away if you have a good chance of making a successful claim.

How do I start my NHS medical negligence claim?

ClaimsPeople offer three simple ways to start your NHS claim:

• Call our team any time on 0800 587 0344, seven days a week until late.
• Complete the form at the top of this page and we'll be in touch.
• Visit our NHS compensation calculator and see what you could receive - you may also get the option to begin your claim online.

What is ClaimsPeople's NHS claims process?

We've helped countless people get compensation for cases of NHS negligence with our clear and simple process:

1. Once you've talked to our advisors and we think you may have a claim, we'll assign you a solicitor. They will talk to you about the specifics of your NHS medical negligence: what happened, its effect on you (physical, mental, and financial), and who might be held responsible. They will also likely ask for evidence, such as photographs or medical records, to support your NHS claim.
2. Your lawyer will get in contact with the NHS and notify them you are claiming compensation.
3. If the NHS admits fault, your compensation will be decided in line with legal guidelines. If they decide to contest the case, your solicitor will negotiate with them, giving you as many updates as you'd like.
4. If your NHS claim is successful, your legal fees will be subtracted from the overall amount. If you do not win, then you pay nothing.

How long does an NHS negligence claim take?

How long it takes to complete your NHS negligence claim depends on several factors, such as what happened, how you were affected, who was responsible, whether evidence can be found (and how quickly), and whether the NHS decides to contest the claim. That means it's impossible to say how long it will take - every case is different.

However, regardless of how long it takes, our medical negligence solicitors will always try their hardest to progress your claim quickly.

How much compensation can I get for NHS negligence?

The exact amount of compensation you can get for your NHS negligence claim is based on the specifics of how your care, health and finances were impacted, so it's difficult to say what the precise amount will be.

When working out how much compensation you can get, our solicitors use the Ministry of Justice's 15th Edition of the Judicial College Guidelines. These set out the typical levels of compensation for NHS claims: more severe cases, such as if the negligence resulted in death or long-term illness, are usually worth more than if the harm was slight or temporary. 

For a clear idea of what your NHS compensation might be worth, visit our calculator or get in touch.

Will I need to appear in court?

While every NHS claim is different, it's unlikely you will be asked to appear in court. However, if the claim is contested and needs to go in front of a judge, you may be called in. If this happens, we'll prepare you totally for the hearing, making sure beforehand that you are as at ease as possible.

Will I need to take out no win no fee insurance?

We often advise no win no fee insurance, also known as After the Event (ATE) insurance. This policy covers your legal costs if you lose your case.

If you need to take out this insurance as part of your NHS claim, we will organise all aspects of its setup, and there's no premium to pay unless you win, in which case it is deducted from your compensation.

What if I lose my NHS negligence claim?

If you lose your case, then there are no repercussions. You won't pay any legal fees or any no win no fee insurance premium. There are no up-front costs with no win no fee NHS negligence claims either, so you won't have paid a thing.

You can then choose to stop your claim entirely or seek further legal advice.