GP & hospital negligence claims

With National Accident Helpline, you can claim on a no win no fee basis to help reduce the risk of claiming. To be eligible for a GP negligence or hospital negligence claim, your injury or suffering must have been caused or worsened by a medical professional.

Start today with our no win, no fee service that takes some of the financial risks out of claiming - you won't pay unless your claim is successful. This arrangement includes a no-upfront-cost insurance policy to protect you from any costs during the claim process so long as you meet the terms of the agreement, providing you with financial peace of mind.

Then there are certain time limits associated with making a claim. If you have suffered from a doctor's, nurse's or healthcare professional's negligence, it's important to know that you generally have 3 years from the date of the incident or diagnosis to make a claim and start court proceedings. If you're within the 3 years, it's best to claim as soon as possible so your memory is fresh, and evidence is recent and easier to gather.

You can claim compensation for most incidents that happened to you up to 3 years ago but in some cases, this time frame could be longer or shorter:

• Claims on Behalf of Children: You can claim at any point before the child's 18th birthday. After turning 18, they have until age 21 to make their own claim.
• Mental Capacity: There are no time limits for claims made on behalf of someone who cannot manage their own case. This has to be assessed on a case-by-case basis and means more than requires assistance. It should also be noted that should the claimant regain capacity at any time after the accident, however briefly, the usual 3 years will start from that date.
• Fatal Claims: If you're making a claim on behalf of a loved one, you have three years from the date of their passing, or from the date it was discovered negligence was the cause.

Contact us on to start your no win no fee claim today. 

If eligible to claim, your exact settlement figure will take into account a number of factors and considerations which will be discussed by your specialist solicitor and the party responsible for your accident. Depending on the type of injury, time taken to recover, ability to work, and whether ongoing care is required, compensation figures vary case by case.

Your compensation is designed to cover the full impact of your injury on your life including:

• Your pain and suffering
• The lifestyle impact and any changes in your life, home, or work you've had to make.
• Financial losses like medical bills and lost wages.

To see how much your claim could be worth, try our free compensation calculator for a rough indication. Or you can find out if you're eligible to claim by calling our helpline on {Medtel}. 

Is it worth pursuing a medical negligence claim?

Pursuing a medical negligence claim can provide vital support for anyone left suffering from GP or hospital negligence. Depending on your case, you could be owed £1000s.

Compensation not only helps cover the financial impact of additional treatment, rehabilitation, or any time off work but also brings a sense of justice for what you've experienced. Claiming can also drive improvements in healthcare standards, helping to protect others from similar harm - you could help stop this from happening to someone else.

At National Accident Helpline, we understand that deciding to claim can feel overwhelming and you may wonder whether you should or shouldn't claim. That's why we offer free, confidential advice about making a claim and we'll guide you through the process with care.

For an estimate of how much your claim could be worth, try our compensation calculator.

You don't need to make a complaint to the GP surgery or hospital concerned. Complaining will not prevent you from beginning the medical negligence claims process later on.

However, complaining before claiming is often helpful. It'll help you find out more about what happened and may provide useful evidence for your solicitor if you decide to make a claim.

Making a formal complaint about GP negligence or hospital negligence

To make a complaint about your GP or hospital treatment and care:

1. Request a copy of the complaints procedure from the GP surgery or hospital that treated you.
2. Follow the instructions to the letter so your complaint can be addressed quickly.

You can choose to make a local complaint or approach the healthcare provider responsible for your region in the UK. Complaint procedures vary across regions, so use the links below to learn more about the process in the area where you received treatment:

NHS England

NHS Scotland

NHS Wales

NHS Northern Ireland

If you decide to proceed with an NHS medical negligence claim, your legal team will work through NHS Resolution. This is the dedicated insurance for the NHS responsible for handling all medical negligence claims. Find out more about making a claim against the NHS.

If you need to make a claim on behalf of someone else, we're here to guide you through the process. Below are the key situations where you can act on behalf of a loved one as a litigation friend:

• Claiming for a child:
• Children under 18 cannot legally make a claim themselves.
• A parent or guardian acts as a ‘litigation friend' to manage the claim.
• You can start a claim at any time before the child turns 18.
• If unresolved by 18, they can pursue the claim until their 21st birthday.
• Your lawyer will work closely with you to ensure your child's needs are fully represented.
• Claiming for someone who lacks mental capacity:
• For someone unable to make decisions due to a mental health condition or brain injury, a family member or guardian can act as their litigation friend. Mental capacity will be assessed on a case-by-case basis.
• There's no time limit for making a claim unless they regain capacity, however briefly.
• If capacity is regained, the three-year time limit starts from that date.
• Your legal team will ensure compensation truly reflects their immediate and future needs.

What is a Litigation Friend?

As a litigation friend, your role is to guide and support your loved one through the medical negligence claim process stages and act on their behalf. In some cases, the person you're assisting will need to be present for key steps in the claim process, such as medical assessments. They must participate in the claim wherever possible, and your responsibility is to ensure their input is included, their voice is heard, and instructions are made accordingly.

While it can seem daunting to claim on behalf of someone else, your legal team will be with you every step of the way, helping you understand your role and making sure the claim progresses smoothly.

We'll provide clear guidance on how to manage the process and ensure that both you and the person you're assisting feel supported throughout.

Helping someone start their GP or hospital negligence claim

If you're simply helping someone start a claim, whether supporting them during their phone consultation or helping them communicate, it's important to understand that the person you're helping must be able to provide us with consent for you to assist. The claimant will still need to be fully involved in the claim as much as possible and they will be solely responsible for providing all instructions.  

Your legal team will guide you through what evidence is needed to support your claim. In the early stages of your claim. you may need a medical assessment by a trusted professional to evaluate your injuries. We'll make this process as quick and comfortable as possible for you.

Here are examples of the evidence your solicitors can will gather:

• Medical records to provide detailed documentation of your treatment
• Doctors' notes highlighting your diagnosis and care plan
• Incident records from the hospital, such as reports of any errors or accidents
• Notes from schemes like NHS Early Notification, particularly for birth injury claims
• Photographic evidence, where appropriate, to show the extent of your injury
• Witness statements from those present at the time of the incident

This evidence is vital in proving that negligence occurred and that it caused harm, giving your claim the strongest possible foundation.

Medical negligence claims are often complex and can take two or more years to resolve. Generally, the more intricate or complex the claim, the longer it will take to settle.

For a claim to succeed, your no win no fee lawyer must clearly establish liability in four key areas:

• Duty of care: They must identify the legal obligation healthcare professionals have to provide a reasonable standard of care to their patients. For example, a GP or nurse must act in a way that safeguards your health and well-being while delivering accurate treatment.
• Breach of duty: Then they must identify when or where the medical professional failed to meet the expected standard of care. A breach can involve mistakes, omissions, or negligent actions that fall short of what a competent professional would provide in similar circumstances.
• Direct causation: This means showing a clear link between the breach of duty and the harm you suffered. It must be proven that the negligence directly caused your injury or worsened your condition.
• Damages: The harm or loss you have experienced due to the negligence must then be identified, which may include physical injuries, emotional distress, financial losses, or a reduced quality of life. Damages form the basis of the compensation you could receive.

The timeframe also depends on how the NHS or private healthcare provider responds. If liability is admitted quickly, the process will move faster. However, disputes over liability can significantly delay the outcome. NHS claims typically resolve more quickly than those against private medical providers, as the NHS handles claims differently from private healthcare providers due to the different ways they use professional indemnity and employer's liability insurance.