NHS Medical Negligence Compensation Claims Guide

By Joanne Jeffries. Updated 10th January 2023. Welcome to our NHS compensation payouts guide, which includes an alternative to an NHS compensation calculator. In it, we discuss NHS negligence compensation claims in detail, explaining how suing the NHS for negligence with medical negligence solicitors could bring you compensation from the NHS.

We show you how much compensation you could receive for successful claims against the NHS and provide guidance on getting a solicitor to help you with an NHS claim. We also include an NHS compensation guide for 2022 claims and offer some insight into what damages make up NHS negligence payouts for No Win No Fee claims.

Further to this, we give examples of medical negligence payouts, which could give you some idea of what you could receive for hsotpial negligence claims.  We also tell you why, when it comes to medical negligence payouts, a compensation calculator for NHS negligence claims might not give you the full picture of your compensation. 

On this page, you will find a full and detailed guide to making a claim for NHS negligence compensation and the process of suing the NHS for negligence. Each year in the UK there are billion of pounds claimed in compensation for NHS negligence for the effect on the quality of life it leaves people with. If you have come to harm at the hands of your doctor, then this guide is for you. It explains how negligence can happen, and the process of making a personal injury claim so you can receive compensation with the help of a medical negligence solicitor.

If you feel you are already in a position to begin a claim, and would like to skip reading this guide, then contact Accident Claims UK on 0800 073 8801 now. We will explain our claims service, and help you begin the process of claiming compensation from the NHS.

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What Is Clinical Negligence In The NHS?

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NHS compensation payouts

Clinical or medical negligence occurs when a medical professional causes harm to a patient through accident, mistake, oversight, lack of care or some other way that sees them fail in their duty of care.

Every case of NHS negligence has the three following traits:

  • The medical professional involved will have had a clear duty of care towards the patient.
  • The medical professional, in failing to meet their duty of care, has caused harm to the patients’ health.
  • The medical professional could have avoided failing in their duty of care.

It is that simple. If you can tick all three boxes above, then you should be able to work with a medical negligence solicitor to claim compensation from the NHS.

What Are the Most Frequent Forms Of Negligent NHS treatment?

Part of the answer to the questions, how much could my medical negligence claim be worth? is how severe the act of negligence was. There are four main categories of clinical negligence in the NHS, and these are:

  • Gross negligence – the most serious of all clinical negligence cases fall into this category. Gross negligence means that the medical professional has disregarded the health of their patient to such a degree, that they risk criminal charges and losing their medical license. For example, a surgeon who performs an operation whilst they are drunk.
  • Vicarious liability – in this type of negligence case, it is the NHS itself rather than a single medical practitioner that is to blame. For example, if a patient comes to harm due to insufficient care being provided by the entire nursing staff due to bad management.
  • Comparative negligence – in this type of negligence case, the patient will share some of the blame for the harm they have come to. For example, if a patient has taken the wrong dose of a dangerous medication, due to their doctor not explaining the does properly. Both parties share guilt in this case.
  • Contributory negligence – in this type of negligence case, it is found that the patient was the entire cause of the harm that they have come to, and that their doctor is not guilty at all. For example, taking an overdose of painkillers even though they have received proper instruction on dosage from their doctor.

Based on the information above, you should now be able to recognise which category your own case fits in to. If you can’t, then call Accident Claims UK on the number at the bottom of this page and we can help you to identify the category most fitting for your own case.

Can I Make An NHS Negligence Claim For A Family Member?

The answer to the question, can I claim against the NHS for negligence suffered by a family member? Is yes. It is entirely possible under UK law to make NHS negligence claims on behalf of a family member if they cannot do some themselves.

NHS compensation payouts guide for family members

For example, if negligence has left a family member without the mental faculties to make their own claim, then as their legal representative you’ll be able to deal with a legal team to arrange a claim.

Furthermore, if negligence has resulted in the death of the breadwinner of the family, then their dependents and their estate will have a legal right to pursue a compensation claim against the NHS.

If you have lost a loved one through death by medical negligence, contact Accident Claims UK on the number at the bottom of this NHS compensation payouts guide so that we can help you claim the maximum amount of compensation possible from the NHS.

Negligent NHS Treatment Leading To Death

Suing the NHS for the death of a patient is a slightly different process to claiming for non-lethal cases of medical negligence. In these cases, the patient, obviously, cannot make their own claim. In these instances, the following legal entities will have a right to claim compensation from the NHS:

  • Dependants of the deceased – when a person dies, leaving a spouse or children behind, then the surviving dependents will have the ability to make a compensation claim against the NHS.
  • A family member of the deceased – when no dependants exist to make a claim, the immediate family members of the deceased, such as sisters, brother or parents, will be able to make a compensation claim against the NHS.
  • The estate of the deceased – if the death of the patient causes hardship for the estate of the deceased, it can claim compensation in its own right. For example, if a business loses its founder and guiding force, resulting in losses, it can claim damages.

If you are a dependant, family member, or a representative of the estate of a person that has died due to clinical negligence, call Accident Claims UK on the number at the bottom of this page so we can begin to help you.

Making An NHS Claim For Medical Misdiagnosis

When we examine medical negligence examples, we find that misdiagnosis claims are one of the most common forms that negligence takes. It is also potentially one of the most harmful forms of negligence.

NHS compensation payouts guide example of misdiagnosis

For example, if a patient with an advanced case of cancer is denied the correct treatment due to misdiagnosis, it can have potentially life-threatening repercussions.

If you or a loved one has been the victim of misdiagnosis, contact Accident Claims UK on the number at the bottom of this page to make a claim against the NHS.

How To Make Successful Claims Against The NHS For Internal Injuries

If you have suffered some form of internal injury, possibly due to a badly carried out surgical procedure, then it should be possible to make successful claims against the NHS.

However, you will need to prove without a shadow of a doubt, that the internal injuries were caused by your doctor and not some other cause. To do this, you may need to get an impartial, expert medical opinion to support your case.

Accident Claims UK can arrange for you the receive a medical examination from a local doctor in your area. Contact us at the number at the bottom of this page to proceed.

Claiming Compensation For Dental Negligence

Medical negligence is not limited to doctors and hospitals, it can happen anywhere that a medical professional has a duty to care for a patient, including your preferred dental practice.

Many cases of dental negligence result in facial scarring, and in these cases, the compensation settlement will need to factor in mental anguish and trauma. Accident Claims UK understands how facial scarring can lead to psychological stress, so call us on the number at the bottom of this page to claim the maximum amount of compensation possible.

What Evidence Helps You To Make An NHS Negligence Claim?

Gathering evidence to support your medical negligence claim is far from simple. There will be no witnesses to the event, and you likely won’t have the medical knowledge to disprove what your doctor is telling you yourself.

One of the main pieces of evidence you can get to support your claim is an independent medical opinion from an expert in the right specialisation. For example, if you have suffered a serious injury to your back through clinical negligence, you would need to be examined by a professional chiropractor. The results of this examination would form a medical opinion which can be submitted in support of your claim.

Accident Claims UK can arrange for you to be examined by a local doctor, with the goal of producing an impartial medical report to be used as proof of your negligence claim. Call us at the number at the bottom of this page to proceed.

NHS Negligence Compensation Claims Time Limit

Under the current NHS compensation scheme, there is a three-year NHS negligence claims time limit, from the time the incidence of medical malpractice took place, in which you must file your compensation claim.

In certain (rare) cases, this time limit can be extended. However, it is much safer to assume it cannot be extended and that you have only three years in which to claim.

If you have left it too long to make your claim, and you are approaching this NHS claims time limit, contact Accident Claims UK on the number at the bottom of this page, so that we can expedite your claim, and meet the tight claims deadline.

What Steps Should I Take After Being Harmed by Negligent NHS Treatment?

If you have been harmed by negligent NHS treatment, then there are a number of things that you can do to maximise your chances of making a successful compensation claim, and these are:

Write down the timeline – make a note of the events that lead up to the medical negligence, so that they are clear in your mind, and you don’t make any mistakes with the facts, which could lead to you losing your claim.

Get an independent medical opinion – if you can, get a second opinion. Accident Claims UK can help with this.

Document your losses – if you have lost income through missing work or have had to pay out of pocket expenses such as travel costs or prescription charges, list them.

Once you have done these things, contact Accident Claims UK on the number at the bottom of this page to begin your claim.

How To Start Your Claim for NHS Negligent Treatment

Beginning your NHS compensation claim is very easy. Just call Accident Claims UK and we will walk you through the rest of the process. We will begin by asking you questions such as:

  • When did the medical negligence take place?
  • Which hospital or clinic did the negligence take place in?
  • How has your health been negatively affected by the clinical negligence?
  • Who was the medical professional who has been negligent?
  • What is the prognosis of your medical condition? Will you make a full recovery, or will you have a permanent health problem?
  • Have you had any financial losses due to the clinical malpractice?

Once we have the answers to questions such as these above, we will have a much clearer view of your case, and we can offer you some free legal advice on what we believe you next move should be. Contact us at the number at the bottom of this page to begin this process.

What Can I Include In An NHS Negligence Payout

When we look at NHS negligence claims statistics, we find that settlements typically comprise of multiple types of damages. It could be important to note that there are two main categories of damages that make up a claim, and these are:

  • General damages – under this heading, we find all of the tangible, physical aspects of your medical condition. This means pain and suffering, both physical and mental, as well as any long-term or permanent effects of the negligence on your health.
  • Special damages – under this heading, we find all of the less tangible, financial and lifestyle aspects of your medical condition. This means loss of earnings, medical expenses out of pocket expenses, and any long-term negative effect upon your ability to work.

To find out exactly what types of damages you can claim in your negligence case, contact Accident Claims UK on the number at the bottom of this page.

Medical Negligence Payouts – What Is A Compensation Calculator for NHS Negligence Claims?

You might be wondering how much compensation you could be owed following a successful medical negligence claim. However, there are several factors taken into account when valuing your compensation. For example:

  1. The severity of the harm you sustained due to negligence
  2. The long-term impact on your health
  3. How the harm has impacted your quality of life
  4. The emotional impact on your life

Due to the factors taken into account when valuing claims, an NHS compensation calculator may not give an accurate estimate of how much your claim is worth. Instead, we have created a table containing figures from the Judicial College Guidelines. This publication’s latest release was in April 2022, and these figures come from that edition. Solicitors can use these figures to calculate the general damages head of claim which accounts for the pain and suffering caused by the harm you sustained due to negligence. The figures are only guidelines.

Injury Severity Notes Compensation
Paralysis (Quadriplegic)  Full and total paralysis £324,600 to £403,990
Paralysis (Paraplegic)  Partial paralysis. £219,070 to £284,260
Brain Injury Very Severe Brain damage which leaves the victim with no chance of normal living. £282,010 to £403,990
Brain Injury Moderately severe Brain damage which will leave the victim with a life-changing permanent disability. £219,070 to £282,010
Brain Injury Moderate Brain damage which will leave the victim with permanent impaired mental faculties. £43,060 to £219,070
Brain Injury Minor Brain damage which will leave the victim with minor mental issues such as inability to concentrate. £2,210 to £12,770
Mental Damage Severe Such as serious cases of post-traumatic stress disorder. £59,860 to £100,670
Mental Damage Moderately severe Such as cases of post-traumatic stress disorder which last some time. £23,150 to £59,860
Eye Injury Severe Entire lost of site in either one eye or both eyes. In the region of £268,720

For more information on when negligence claims against the NHS could be justified, call our team.

Need more information?

If you cannot see your injury below, please call the team for guidance. We would be happy to assess your case and provide further guidance over the phone. We could also provide you with a No Win No Fee solicitor to assist with your claim for compensation. 

Can I Hire Medical Negligence Solicitors For NHS Negligence?

You may be wondering whether medical negligence solicitors could help you seek compensation. Our solicitors have experience handling claims for medical negligence and could offer you a
No Win No Fee agreement. One type of this is known as a Conditional Fee Agreement (CFA).

Generally, under a CFA, you wouldn’t pay for your solicitor’s services if the claim fails, upfront or while the claim is ongoing. If the claim succeeds, you will pay your solicitor a success fee from your compensation. This is capped under the Conditional Fee Agreements Order 2013.

To learn more about No Win No Fee claims get in touch on the number above. We’d be happy to answer any questions you might have. Should you be eligible to claim with one of our No Win No Fee solicitors, we would be happy to help you get started with a claim.

How We Help People Make Successful Claims Against The NHS

Accident Claims UK has a track record going back more than 30-years in winning compensation payments across a wide range of cases. We have the experience and knowledge required to take on large organisations such as the NHS and win.

Our advisors use plain English, not legal jargon to keep you updated on the status of your claim at all times, and to answer any questions you may have. We keep our client’s needs at the forefront of everything we do. Offering a truly customer-centric claims service, which has proven exceptionally effective in winning NHS negligence cases.

Contact Accident Claims UK Today To Maximise Your Chances Of Making Successful Claims Against The NHS

If you are ready to begin your claim for compensation against the NHS for medical negligence, whether you’re seeking NHS compensation payouts for 2020 cases or those that happened this year, then call us now on 0800 073 8801. We will spend a little time learning the details of your case, before offering you some free legal advice on what you should do next.

Useful Links Relating To NHS Negligence Compensation Claims

How to complain to the NHS

On this link you will find information on how to complain to the NHS.

At the link below, you will find information on medical malpractice in the UK published by the Library of Congress:

Information on medical malpractice in the UK

At the link below, you will find a research report covering medical malpractice compensation in the UK:

Research report on compensation for medical malpractice in the UK

At the link below, you will find a research report covering clinical negligence in the UK:

Research report on clinical negligence in the UK

Thank you for reading our NHS compensation payouts guide. Hopefully you now have an idea of how to make successful claims against the NHS. If you would like our assistance with NHS negligence compensation claims, please don’t hesitate to get in touch. Our team would be happy to furnish you with NHS negligence claims statistics or help you make an NHS claim.