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Can I claim against the NHS?

Can I claim against the NHS for negligence?

It is possible to make a claim for negligent treatment that you have received from an NHS organisation or healthcare professional.

If you have received substandard care or treatment from the NHS, which resulted in an injury or made an existing condition worse you may be entitled to compensation.

True Solicitors medical negligence team answer your frequently asked questions about bringing a medical negligence claim against the NHS below.

What are examples of NHS negligence?

Negligent NHS treatment can include:

Failure to diagnose your illness or injury.
Administering the wrong medication or dosage.
Making an avoidable mistake during an operation or procedure.
Failure to obtain your informed consent to treatment.
Failure to warn you of any associated risks of a certain treatment.

It is important to note that a poor outcome from medical treatment does not always mean that the treatment you received was negligent. It is only possible to claim compensation if it can be proven that:

The treatment you received was below medically acceptable standards, and that this treatment caused you to suffer a loss or injury

It is possible to make a claim against any medical treatment provider, including NHS hospitals, GPs and dental practices.

What does compensation cover?

Clinical negligence compensation is intended to cover your injuries and any associated financial losses, which were caused as a direct result of the negligent treatment you received. It can include:

Compensation for physical and psychological damage.
Payment to cover the cost of ongoing and future medical treatment.
The cost of adapting your home and/or vehicle.
The cost ongoing and future care.
Loss of earnings

How long does the average NHS clinical negligence claim take?

The length of time varies considerably. The vast majority of NHS claims are settled by negotiation, out of court.

Straightforward NHS negligence claims may settle within a year to 18 months, whereas complex cases can take several years.

Will my claim end up in court?

Less than 2% of claims handled by the NHS Resolution end up in court. The vast majority of claims are settled out of court. If, however, your case does need to go to trial you can rest assured that your solicitor will support you throughout the entire process.

Will making a claim effect my ongoing treatment?

Making a clinical negligence claim should not impact upon your ongoing treatment. You should be able to continue receiving your treatment at the same hospital. However, if you or your treating clinicians feel that there has been a breakdown of trust due to the circumstances of your claim, or if you simply feel more comfortable to do so, arrangements can be made to transfer your treatment to a different hospital.

The NHS has a duty to continue to provide you with treatment and will not refuse to treat you on the basis of you making a claim, albeit on some occasions your treatment provider may change.