If you’ve suffered medical negligence, or had problems with your medical treatment, you may be wondering how to sue the NHS and claim compensation.
This can happen when treatment falls below a reasonable standard and causes an injury. It can also apply if poor care makes an existing condition worse.
You may be able to claim for problems such as:
A bad result does not always mean negligence has happened. Sometimes treatment does not work, even when the care was reasonable.
You may have many questions like “Can I sue the NHS for negligence?”, “How can I sue NHS parties?”, and “How much compensation may I get?”.
The decision isn’t always easy, as you may feel a moral obligation not to pursue a claim that could hurt the NHS.
To make a claim, you usually need to show that the NHS provided negligent care and that this caused you harm.
You can learn more about how these claims work on our medical negligence page.
In this guide, we explain how to sue the NHS for negligence. We also look at what you need to prove, how long you have to claim and how compensation works.
The NHS deals with more than 1.6 million patient interactions every day. Most people receive safe and effective care. However, mistakes can happen.
You may consider making a claim if poor NHS care caused avoidable harm.
For example, negligent treatment could:
Some people feel uncomfortable about making a claim against the NHS. However, a medical negligence claim is not simply about blaming the NHS when treatment goes wrong.
The purpose of a claim is to seek compensation where negligent care has caused harm. Compensation can help with the impact of that harm, including lost earnings, treatment costs, care needs and other financial losses.
You may be able to make an NHS negligence claim if a missed, delayed or incorrect diagnosis caused you avoidable harm.
A misdiagnosis can lead to the wrong treatment being given. It can also delay the treatment you actually need.
Examples can include:
However, a wrong diagnosis does not automatically mean medical negligence has happened. You usually need to show that the care fell below a reasonable standard and that this caused additional harm. This could include your condition getting worse or you needing more treatment.
You can find more information about making a claim on our medical negligence page.
You may be able to make an NHS negligence claim if poor care during pregnancy, labour or birth caused avoidable harm.
Examples can include:
Not every birth injury is caused by negligence. Complications can happen even when medical staff provide reasonable care.
A claim usually depends on whether the treatment fell below a reasonable standard and whether this caused the injury.
Never Events are serious patient safety incidents that should not happen if the right checks and procedures are followed.
Examples can include:
You may be able to sue the NHS if poor medical care caused you avoidable harm.
Common grounds for an NHS negligence claim can include:
However, a mistake alone is not always enough to make a claim.
You normally need to show that the care you received fell below a reasonable standard and that this caused an injury, made your condition worse or led to another loss.
The type of evidence needed will depend on what happened. Medical records and independent expert evidence often play an important part in showing whether the care was negligent.
Medical negligence happens when a healthcare professional provides care that falls below a reasonable standard and causes avoidable harm.
It can involve acts or omissions during diagnosis, treatment, surgery, medication, maternity care or aftercare.
Not every mistake or poor outcome will amount to negligence. A claim usually depends on whether the care was below the expected standard and whether this caused an injury or made an existing condition worse.
You do not need to collect everything before speaking to a solicitor. Much of the evidence can be obtained during the claim.
The evidence needed will depend on your case. It may include medical records, witness statements, complaint responses and independent medical expert reports.
Your medical records are often an important starting point.
They can show:
Your records may come from your GP, hospital or other NHS healthcare provider.
They help build a timeline of your treatment. They can also help independent experts assess whether the care you received was reasonable.
Witness evidence may also help explain what happened.
This could include a statement from you about your treatment and how your health changed afterwards.
In some cases, family members or other people may also provide useful evidence. For example, they may have attended appointments with you or seen how your condition affected your daily life.
Witness evidence does not usually prove medical negligence on its own. However, it can add important detail and context to the medical evidence.
Independent medical expert evidence is often one of the most important parts of an NHS negligence claim.
An expert may be asked to consider whether:
The expert must be independent from the healthcare professionals involved in your treatment.
Depending on the case, more than one medical expert may be needed. For example, one expert may consider whether the treatment was negligent, while another assesses the harm it caused.
You can start an NHS medical negligence claim by speaking to a specialist solicitor about what happened and how the treatment affected you.
The exact process will depend on your case. However, most claims follow a similar path.
The first step is to look at the care you received and whether something may have gone wrong.
This could involve:
A poor outcome alone does not prove negligence. There must usually be evidence that the care fell below a reasonable standard and caused harm.
Medical records are usually obtained so the treatment can be reviewed in detail.
Your solicitor may also gather other evidence, such as:
Independent medical experts may then be asked to give an opinion on the care you received.
Your solicitor will review the evidence and consider whether the claim has reasonable prospects of success.
Independent medical experts can help answer two important questions:
If the evidence supports your case, the claim can move to the next stage.
A formal Letter of Claim is usually sent to the NHS organisation responsible for the treatment.
The letter sets out the main facts of the case, the allegations of negligence and the harm you suffered. It may also include details of your financial losses.
Under the Pre-Action Protocol for the Resolution of Clinical Disputes, the defendant should normally acknowledge the Letter of Claim within 14 days. It should usually provide a reasoned response within four months.
The response should explain whether the claim is accepted, partly accepted or denied.
If the claim is disputed, the NHS should explain which parts of the case it does not accept and why.
Your solicitor can then review the response with the medical evidence and advise you on what should happen next.
Many NHS negligence claims can be resolved through negotiation without a final court hearing.
If the NHS accepts responsibility, the focus may move towards agreeing the amount of compensation.
If liability or the value of the claim remains disputed, court proceedings may need to be started. Even then, the claim can still settle before a trial.
If your claim succeeds, compensation will be based on the harm and financial losses caused by the negligence.
This may include compensation for:
The amount will depend on your individual circumstances and the long-term effect of the injury.
If you are wondering “Can you sue the NHS for negligence”, a brief look at the statistics shows that it is a fairly common situation. Some key facts include;
If you think NHS negligence has caused you harm, try to keep a clear record of what happened and get legal advice as soon as you can.
Useful steps can include:
You can also make a complaint about the care you received. NHS services in England have a complaints process, and you can usually complain directly to the provider involved. PALS may also be able to help with concerns about hospital care.
Making an NHS complaint is different from making a medical negligence claim. A complaint may help you get answers or an explanation. A negligence claim is a legal process used to seek compensation for avoidable harm.
You do not need to complete the NHS complaints process before asking a solicitor about a possible claim. A specialist solicitor can review the treatment you received, obtain medical records and explain whether further evidence is needed. Read more about how to claim for medical negligence.
There is no reliable average payout for an NHS negligence claim.
The amount of compensation depends on the harm caused and how it affects your life. Two people with similar injuries may receive different amounts if their recovery, work, care needs or future costs are different.
When valuing a claim, factors can include:
Compensation is intended to put you, as far as money can, in the position you would have been in if the negligence had not happened. It is not designed to punish the NHS.
For this reason, it is better to assess the value of an NHS negligence claim using the medical evidence and your individual losses rather than relying on an average figure
Generally speaking, most successful claims can expect to receive a five or six-figure payout. However, the median and mode averages are vastly different to the mean average. Naturally, the level of anticipated compensation will be determined by the impact it has on the patient’s life.
The best advice is always to call an expert in medical negligence claims to see whether you can sue the NHS for negligence.
In addition to damages directly linked to injuries caused by NHS negligence, it may be possible to sue the NHS for negligence relating to;
One of the biggest perceived stumbling blocks for victims of medical negligence stems from the fear of spending money on the case. After all, the NHS Resolution team has a lot of resources. If you’re doubting “Can I sue the NHS for negligence and stand a genuine chance of compensation?”, working with TBI Law Firm offers a better solution.
Thanks to “no win, no fee” services, there is no need to pay anything upfront. After a complimentary consultation, a lawyer will pursue eligible cases and simply take a small percentage of any successful payout.
So, there are no expenses for starting a case or completing the necessary preparations. Likewise, failed claimants won’t pay a penny.
Technically, you can represent yourself in court. However, it is always best to partner with an experienced lawyer in medical negligence. Firstly, they will review the case to ask “Can you sue the NHS for negligence?” and determine whether it is worth trying based on the evidence.
Other reasons to work with a lawyer include, but are not limited to;
For the sake of your sanity as well as the financial outcomes, calling an expert is always advised - not least because a “no win, no fee” removes any risk.
When you want to sue the NHS for negligence, understanding the potential timeframes involved is vital. While each case is unique, the reality of the situation is that it could be years before you see a payout. Reasons for delays include, but are not limited to;
Calling an expert results in a streamlined process, potentially with a quick settlement, while also giving you the transparency you deserve throughout.
Litigation generally gives claimants a three-year period to begin legal action against the NHS for medical negligence.
While starting a claim after this time is more difficult, it is possible. With the right legal support, it is even possible to start a claim after 10 years as long as you have only become aware of negligence within the past three years.
It is a far more common issue than many people think, though, due to a combination of increased public knowledge of what constitutes negligence and the emergence of symptoms in later life. If you believe that there may be grounds to sue the NHS for negligence that took place years ago, Tilly Bailey & Irvine can help.
NHS negligence compensation claims can fall into two main categories - general damages and special damages.
General damages are directly linked to the injuries or suffering caused directly by the misdiagnosis, mistreatment or negligent behaviour.
Special damages cover medical care, equipment costs, lost earnings, and anything else that is needed to help restore normality to your life.
There is no way to know your payout until the individual claim has been judged on its own merits. However, PTSD could pay out £50k - £100k while blindness can be over £300k and severe brain damage could be up to £500k.
The NHS Litigation Authority, which was launched in 1995, requires all NHS Trusts to pay a ‘premium’ into the system. This ultimately builds a pot that is used to cover the costs of successful claims.
Many people feel conflicted about whether they should sue the NHS for negligence or not. After all, the free health service is one of the UK’s biggest successes while the medical teams work with honest intentions.
Nevertheless, the fact that their negligence has caused life-changing repercussions cannot be ignored. When combined with the fact that funds come from the NHS Resolution pot, you should not feel guilty about taking legal action against NHS teams in the same way you would private care teams.
The TBI Law medical negligence team have decades of experience in ensuring that clients receive what they’re entitled to. For further advice on how to sue the NHS for negligence, contact our friendly experts today, who are ready to fight for you.
