Worried how your claim could cost the NHS? Don’t be.

What is a Medical Negligence claim?

Medical negligence is when a health professional or authority, such as the NHS, fails to deliver the duty of care they're required to do so. Therefore, the care received is of an unacceptable standard.  This usually occurs through an incorrect action by the NHS or their failure to act when they should have done. This could be accidental, outrightly wrong or simply substandard care.

If you have suffered as a result of negligent care from the NHS (usually in the past three years), you may be able to make a medical negligence claim. This is when you claim against them, so sue the NHS for negligence.

An NHS medical negligence claim is not the same as a personal injury claim. For a medical negligence claim against the NHS to be successful there are two things you must prove, so effectively the grounds you can sue the NHS on. You must prove:

1. That the NHS medical professional was at fault as they did not properly carry out their duty to you as their NHS patent
2. That the fault of the NHS medical professional caused you harm that could have been avoided

Harm can mean:

• an injury
• an illness
• anything causing your current conditions to worsen

What types of negligence can I claim for?

There are a variety of types of medical negligence claims you can make, depending on the type of injury you sustained as a result of NHS medical care. Below are just a few of these:

• Hospital negligence
• Hospice negligence 
• Dental negligence
• GP negligence from an NHS GP
• Medical malpractice negligence

Who will actually cover my Medical Negligence compensation?

When you make an NHS medical negligence claim, any compensation you claim will be provided by an organisation called the NHS Resolution. The NHS Resolution is in place specifically to handle NHS trust medical negligence claims.

The NHS Resolution is similar to an insurance company. They have ample funds for compensation for NHS medical negligence claims so that you and others can receive compensation due. 

The money that the NHS Resolution has comes from every NHS trust in the country. Each one is required to pay an annual premium to the NHS Resolution to cover claims for any NHS medical negligence. 

How common are medical negligence claims against the NHS?

There have been many medical negligence claims made against the NHS so you should not worry about suing the NHS as your NHS medical negligence claim is simply one of many.

An average payout for an NHS medical negligence claim is £50,000 so an ample sum of money which could help you through the suffering you have experienced and possibly still are experiencing as a result of NHS negligence. 

Should I worry about claiming against the NHS?

There is no need for you to worry about making a medical negligence claim against the NHS. Every single NHS patient just like you has rights, and if you experience negligence at the hands of the NHS, you have a right to claim compensation. 

Also, it is worth considering that often an investigation will take place in the NHS to find out where they went wrong in your case,  and this could result in a change in way your hospital or even the NHS as a whole may operate. Your NHS medical negligence claim, could, therefore, prevent other NHS patients from suffering the way you have. 

Examples of successful claims against the NHS?

There have been many successful claims suing the NHS. In 2020/21 15,674 NHS medical negligence claims resulted in compensation for NHS patients like you. 

Successful claims for NHS medical negligence can be in the range of:

• £146,000 for internal organ injuries
• £39,000 to £322,000 for any paralysis of a part or all of the body
• £322,000 for brain damage, loss of sight or loss of hearing as a result of an injury

How do I make a medical negligence claim? 

You may wonder how to make a negligence claim against the NHS and possibly ask yourself if it is hard to sue the NHS. Suing the NHS is a simple and easy procedure. To make an NHS medical negligence claim you need to:

1. Contact a solicitor or claims process handler 
2. Explain your situation and the NHS treatment you received
3. Receive advice on your options for suing the NHS
4. If you decide to go ahead with an NHS medical negligence claim you will speak to a specialist medical negligence solicitor
5. Your claim is then underway and you may even be put in touch with the medical care or rehabilitation which you need

Find out more about claiming with the National Accident Helpline?

If you want to sue the NHS for negligence, the National Accident Helpline can help. We are the UK's leading provider of personal injury advice, services and support. Call us now on .

At National Accident Helpline, we understand how distressing and potentially life-changing medical negligence can be. You have put your trust in the NHS to look after your health and the last thing you expect is negligence causing you harm. You understandably want to sue the NHS to ensure they correct their mistake and of course try to prevent what happened to you, happening to another NHS patent,

Making a medical negligence compensation claim with National Accident Helpline is simple. When you sue the NHS for negligence with us, we listen in detail to how you suffered. Our experienced advisers will listen to your experience and then pass you to a specialist medical negligence solicitor to deal with your claim. The last thing we want to do is add to your stress so we make suing the NHS an easy and stress-free process. You may be able to sue the NHS on a no win no fee basis and can even calculate your potential compensation online using our compensation calculator

Let National Accident Helpline help you sue the NHS for negligence today - Call today, request a call back here, or simply begin your claim online.