Making a Claim Against The NHS

Making a Claim Against the NHS
BSC, LLB (Hons) & LPC Sophia Azam
Legally reviewed by: BSC, LLB (Hons) & LPC Sophia Azam In: Medical Negligence

Making a compensation claim against the NHS can seem daunting, but with the right legal advice and support, it can be ensured that you get what you deserve. Our specialist team can help you throughout the process.

What is NHS Negligence?

NHS negligence is the same as the standard form of clinical negligence, but it can seem more daunting because it involves suing a large organisation. However, we can help you on a no win no fee basis as we pursue your claim against the NHS. If you have suffered due to negligent treatment on the NHS, then we can help with legal action. All medical professionals have a duty of care that they should uphold.

What are the Examples of NHS Gross Negligence?

There is a wide range of things that can, unfortunately, go wrong if medical standards are not upheld. Some examples of NHS gross negligence include:

  • Birth injuries
  • Care home negligence
  • Delayed cancer diagnosis
  • Misdiagnosis
  • Surgical error
  • Brain damage

If you have suffered from NHS negligence, then you can likely begin the NHS complaints procedure. Our specialists will be able to help you with this.

Do I Need a Solicitor to Make a Claim Against the NHS for Negligent Treatment?

Because the process of suing the NHS can be more complicated, a solicitor will be the best person to help you. It is always worth considering that there are time limits to submitting your clinical negligence claims, so it is best to do it as soon as possible.

How Do I Make a Claim Against the NHS?

To make a negligence claim against the NHS, you must be able to prove that a medical professional failed in their duty of care towards you, and that you were left in a worse state due to them failing in their duty of care. A solicitor will be able to help you to gather the evidence that you need.

What Do I Need to Prove During an NHS Compensation Claim?

During an NHS compensation claim, you need to be able to prove that the medical negligence has caused you more harm and pain than if you had not received any treatment at all.

Who Can Make a Claim Against the NHS?

Anyone who has been the victim of negligent treatment under the NHS can make a claim. When you put your claim forward, the amount of compensation that will be calculated will include consideration of:

  • The potential cost of adapting your home
  • Pain and suffering compensation
  • Psychological damage compensation
  • Ongoing treatment payment
  • Loss of earnings

What is the Time Limit for an NHS Medical Negligence Claim?

You must start your legal claim within 3 years from when you were the victim of medical negligence, or when you first realised that you had been a victim. In the case of children, the 3-year limit doesn’t begin until their 18th birthday. It Is recommended that you begin the initial investigation as soon as possible, as this will also mean that you get your compensation sooner rather than later.

Can I claim for NHS medical Negligence on Behalf of a Family Member?

Yes, if you are a close relative or next of kin then you may be able to claim on behalf of your family member.

Are NHS Negligence Claims on a No Win No Fee Basis?

Yes, at AWH we offer NHS compensation claims on a no win no fee basis.

Read more on our clinical negligence solicitors page

If you believe that you have been the victim of failings from our health services, then we can help you with your NHS negligence compensation. Get in touch today.

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