NHS medical negligence compensation claims

What is NHS medical negligence?

NHS negligence happens when your rights are not upheld. This means the people treating you have failed to fulfil their duty of care to you and have not followed regulations such as the NHS Constitution.

Medical negligence from the NHS usually involves wrong and/or substandard care, treatment or diagnosis. This is often due to medical staff making an error or failing to act. For example, they may not have taken the correct steps to keep you safe or prevent further pain or harm. Unfortunately, this means that NHS gross negligence can cause illness, severe injury and make existing conditions worse.

Some examples of NHS negligence are:

• Medication errors or not supplying the correct prescriptions
• A missed or delayed diagnosis
• Surgical errors
• Dental errors
• Needle-related injuries
• Contracting a hospital infection, such as MRSA

In the year 2023/24, there were 13,784 medical negligence claims recorded by NHS Resolutions.

NHS medical negligence can not only affect you physically but mentally too. According to our research, 72% of 1,000 people who had suffered a 'no fault' injury admitted to suffering a mental health issue as a direct result. The top three symptoms they experienced after their accidents were stress, anxiety and sleep deprivation.

We spoke to Clinical Psychologist Dr Claire Freeman to better understand the impact accidental injuries can have on people's mental health.

What do you need to prove during an NHS claim?

NHS medical negligence claims are different to personal injury claims, as you (the claimant) must prove the following two things:

• Fault - that the medical professional(s) failed to adequately fulfil their duty to you as a patient
• Avoidable harm - that this failure caused you harm that was avoidable; for instance, it caused you injury, illness or made your condition worse

If you've suffered and think you could claim against the NHS for negligence based on the above, we're here to guide you every step of the way. Our team has a huge amount of experience and expertise and can offer you specialist advice and access to our panel of professional NHS medical negligence solicitors.

We understand you may feel worried or nervous about making an NHS compensation claim. It's important to remember that it may not only offer you the compensation you need but also highlight specific safety issues. This will ensure changes are made that could prevent the same accident or injury from happening to other patients.

You can talk through your concerns with our expert advisors. We're available during normal trading hours on or you can fill out our secure online form to request a call back. We'll listen to what's happened to you and advise on whether you could claim NHS medical negligence compensation.

Who can make an NHS claim?

Every person treated by the NHS has rights. That's true whether you're receiving treatment from your GP, a hospital or a therapy service, such as a physiotherapist or counsellor. You can read more about NHS patient rights on sites such as Citizens Advice.

If you've suffered any form of negligence from a hospital, GP or NHS professional in the past three years, you might be able to make a compensation claim against the NHS. If it's caused you pain or delayed your recovery, we could help you make it right.

The simplest way to find out whether you could make an NHS negligence claim is to arrange a call back or contact us on .

How does National Accident Helpline work?

No matter your situation or the circumstances around your NHS complaint, our experts are here to help. We have a trained team and a network of specialist medical negligence solicitors across the UK who will talk things through with you at your own pace.

Contact our team today on or fill out our secure online form and we'll call you back at a time that suits you to discuss your NHS claim.

Is there an NHS medical negligence claim time limit?

In most cases, you must start a compensation claim against the NHS within three years of discovering you suffered negligent treatment. This means you should have either started court proceedings or settled a claim within that time. However, there are some circumstances where this doesn't apply. For example:

• Under the Mental Capacity Act 2005, if the claimant is unable to submit an NHS complaint personally due to brain damage/injury or other mental incapacities, there is no time limit on making a claim. An exception to this is if the claimant regains capacity, even for a short time. In this situation, they will have three years from this date to begin court proceedings.
• NHS complaints involving children can be made at any time before their 18th birthday. Parents, guardians or formal 'litigation friends'can make an NHS claim on their behalf. Once the child turns 18, they would need to claim compensation from the NHS themselves before their 21st birthday.

There may be exceptions to the NHS negligence claims time limit in certain circumstances. By talking with our friendly advisors on , we can advise on whether you could still claim or not.

How do I know if I can make a successful claim against the NHS?

The first way we can help you is by providing you with free, impartial advice about your NHS claim. As a helpline, we're not here to pressure or rush people into making a claim against the NHS - we're here to help. Anyone who calls us on can access free advice about claiming for NHS medical negligence.

We'll listen to your experience and let you know if we think you have a valid NHS complaint. If you do have a claim and decide you'd like to go ahead, we can put you forward to our partner panel of specialist NHS medical negligence solicitors. They can help you with your case and guide you through the next steps.

However, if you're not quite ready to speak to us, you might have a successful NHS claim if your injury:

• Happened or discovered in the past three years
• Was somebody else's fault
• Caused you further harm, complications or pain

What happens when I call to discuss my NHS claim?

When you call us, one of our specially trained advisors will ask you about your situation. This is so they can understand whether we can help.

We'll let you know if we think you have a valid NHS negligence case and ask if we can transfer you to one of our partner solicitor firms that specialise in medical negligence claims.

From there, a legal team will look after you, including helping you fill in any paperwork, arranging medical examinations and answering any questions you may have.

They understand how stressful dealing with the impact of NHS medical negligence can be, and they'll be there to help you every step of the way.

Cases of NHS negligence are, thankfully, rare but we're here for you if you've suffered from substandard care and need help making it right.

You can contact us on or arrange a call back.

Can I make a no win no fee NHS negligence claim?

Yes, most of our NHS negligence cases operate on a no win no fee basis. This takes some of the financial risks out of claiming so you won't pay unless your NHS claim is successful. This arrangement includes a no-upfront-cost insurance policy which protects you from any costs during the claim process so long as you meet the terms of the agreement.

If you're successful in claiming NHS compensation, your legal fees will be deducted from the amount recovered.

Your NHS negligence solicitor or legal team will discuss and agree on fees with you before they start work on your case so there are no unexpected or hidden costs.

How much could I get for an NHS negligence claim?

Any amount you're awarded depends on a variety of factors and no two cases are the same. The Judicial College Guidelines provide estimated figures that depend on the severity of your case.

Other factors taken into consideration include:

• Psychological impact
• Any loss of income
• Your ability to work
• Any extra care needed
• Any home or car adaptations
• Medical or travel expenses

Do successful medical negligence claims take money out of the NHS budget?

No, if your clinical negligence claim against the NHS is successful, money will not be taken out of the NHS budget. You might be reluctant to sue the NHS for negligence but there's no need to worry that your claim will affect anyone else's healthcare.

This is because NHS claims are dealt with by NHS Resolution, an organisation set up by the government. It acts as the NHS's specialist insurer, dealing with all patient claims against NHS Trusts.

Each NHS Trust in the UK pays an annual premium to NHS Resolution. This ensures there is money available to resolve any NHS medical negligence claims and that payouts do not impact care.

Can I still get NHS care if I sue the NHS for negligence?

Yes, your right to professional healthcare remains the same as everyone else's, even if you make a claim against the NHS for medical negligence. You shouldn't be treated any differently by any NHS provider just because you make a compensation claim

How long could an NHS medical negligence claim take to settle?

Each case is different and there are a range of factors that can influence the length of time it takes to process a claim. These include the severity of your injury or illness, the complexity of your claim and the NHS Trust you're claiming against. Our advisors might be able to give you more of an idea of the timescale once you've explained the details surrounding your case.

Will I need to go to court to fight my NHS negligence claim?

Having to go to court is uncommon as most cases are settled outside of this. However, if this does happen, your NHS medical negligence solicitor or legal team will be on hand to guide you through the process each step of the way.

Will the NHS practitioner who gave me negligent treatment lose their job?

Making a claim against the NHS won't directly cause an individual to lose their job. Healthcare professionals involved in such cases will receive support from their employers and any professional bodies that they are members of. Pursuing a claim could, however, prompt an investigation and result in action to ensure the same mistakes won't happen again.

Medical negligence is often not just the fault of one individual but rather the result of a lack of training or a series of events that led to the injury or illness. Making a claim can highlight these areas and guarantee a safer environment for future patients.

Can I claim if I'm injured by an NHS 'Never Event'?

Medical negligence 'never events' are serious situations that should never occur within an NHS setting. Examples include undergoing the wrong operation, accidental damage during surgery and infection after a procedure. If you've suffered an event such as one of these, an NHS medical negligence lawyer could help you make a claim.

I want to claim against the NHS - can I also issue a complaint directly to the Trust at fault?

Aside from receiving NHS negligence compensation for your injury, we realise you may also be looking for a formal apology after suffering due to negligent treatment.

All NHS healthcare providers have a structure for receiving patient feedback, both positive and negative - so, if you have feedback, you shouldn't worry about asking a member of staff about their complaints or feedback procedure.

You may feel embarrassed about making an NHS complaint against a doctor or a member of medical staff but there's no need to worry; it's very unlikely you'll have to complain directly to the member of staff who caused your injury. It's also important to remember that making a complaint can highlight safety issues so that improvements can be made.

NHS complaints can be made verbally, in writing or by both means. You should get a full response from the hospital or medical practice within a few weeks.

If you would like some advice on making an NHS claim, you can get in touch with patients' rights organisations like Action against Medical Accidents (AvMA).