NHS Negligence Compensation Claims Guide – How Much Can I Claim? – How To Claim?

By Joanne Jeffries. Updated July 28th 2021. Welcome to our NHS compensation payouts guide. On this page, you will find a full and detailed guide to making a claim for NHS negligence compensation and the process of doing so. 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.

What to do after reading this NHS compensation payouts guide?

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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A Guide To Making An NHS Negligence Compensation Claim

nhs-negligence-claims nhs compensation payouts guideThis guide to making personal injury claims for cases of NHS negligence is aimed at anyone who believes that their medical condition has deteriorated due to the actions of their doctors. Medical negligence is very common in the UK, and the NHS has a process in place to deal with any clinical negligence complaints.

 

How this NHS compensation payouts guide could help

This guide will educate you about the entire process of making a claim against the NHS so that you understand what your solicitor will need to do whilst they are representing you. It also covers important information such as the personal injury claims time limit. You won’t find any online personal injury claims calculator here, we believe they are far too inaccurate and give victims of NHS negligence the wrong idea about how much they might claim. What you will find, is a table that shows typical amounts of compensation paid for a range of injuries.

If, once you have read this guide, you need additional information, or have any questions, then please contact Accident Claims UK on the number at the bottom of this page. We could help you understand what constitutes a breach of duty of care, how to take action against NHS trusts, and how we could help you get a compensation award on a No WIn No Fee basis.

What Is Clinical Negligence In The NHS?

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.

NHS compensation payouts guide – what do negligence cases involve?

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 employ personal injury solicitor a to claim compensation form the NHS.

Statistics For Negligent NHS Treatment In England And Wales

nhs-negligence-statistics-nhs compensation payouts guide

Source: https://www.statista.com/statistics/681148/satisfaction-with-medical-care-in-the-united-kingdom-by-household-income/

Looking at the graph above, at first glance it seems that the UK public is generally very happy with the service the NHS offers. However, consider for a moment that in 2017, over £1.6 billion was paid out by the NHS in medical negligence compensation. The figure is closer to £3 billion if we were to include private healthcare providers.

NHS compensation payouts guide to potential acts of negligence

In 2015, there were on average, 2,700 potential acts of clinical negligence per day in the UK. Of course, not all of these were proven to be valid cases, and the number of successful is much lower.

If you feel that, in your case, the instance of medical negligence is entirely the fault of the medical staff, then you need a personal injury lawyer such as Accident Claims UK to represent you. Call us at the number at the bottom of this page to find out more.

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 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.

Claiming Compensation 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.

Claiming Compensation From 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 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.

Compensation Claims Calculator For Negligent NHS Treatment – Updated July 2021

We don’t provide an online medical negligence claims calculator, as these are very inaccurate, and give our clients the wrong idea about how much they can claim. Below you will find typical compensation amounts for a wide range of injuries:

InjurySeverityNotesCompensation
Paralysis (Quadriplegic) Full and total paralysis£304,630 to £379,100
Paralysis (Paraplegic) Partial paralysis.£205,580 to £266,740
Brain InjuryVeery SevereBrain damage which leaves the victim with no chance of normal living.£264,650 to £379,100
Brain InjuryModerately severeBrain damage which will leave the victim with a life-changing permanent disability.£205,580 to £264,650
Brain InjuryModerateBrain damage which will leave the victim with permanent impaired mental faculties.£40,410 to £205,580
Brain InjuryMinorBrain damage which will leave the victim with minor mental issues such as inability to concentrate.£2,070 to
£11,980
Mental DamageSevereSuch as serious cases of post-traumatic stress disorder.£56,180 to £94,470
Mental DamageModerately severeSuch as cases of post-traumatic stress disorder which last some time.£21,730 to £56,180
Eye InjurySevereEntire lost of site in either one eye or both eyes.In the region of
£252,180

For a much more accurate idea of how much you might claim, contact Accident Claims UK on the number at the bottom of this page.

No Win No Fee Clinical Negligence Claims Against The NHS

Accident Claims UK offers people all across the UK a better way to claim NHS negligence payouts. For most people, we can take on your claim under a No Win No Fee deal.

Under a No Win No Fee agreement there is no cost to begin your claim, and no matter how long it takes, there is no cost to pursue your claim. If we fail to win your NHS negligence claim, you won’t owe us anything at all. However, if you do receive an NHS negligence pay-out, we will then ask you to pay our legal fees.

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.

We 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

If you are ready to begin your claim for compensation against the NHS for medical negligence, 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

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

NHS compensation payouts guide FAQs

NHS compensation payouts guide to prescription errors – can I claim?

Whether you are issued with a new medication or have a prescription for a medication you take regularly, your doctor should ensure the prescription they issue is correct. It must not only be the correct medication, but it must also be the correct dosage. Wrong dosages of medication could cause all manner of problems. An overdose could cause you to become very ill, while an underdose may not treat an infection adequately, so you may need further treatment. Furthermore, doctors must ensure that they don’t prescribe you medication you’re allergic to, or medication that causes a drug interaction with other medication you’re taking. Should this happen to you, you could be eligible to claim compensation.

NHS compensation payouts guide – how do I prove my injury/illness?

You would need to obtain an independent medical report as part of your claim. The report would come from an independent medical expert. You’d visit them during the course of your claim and they would assess your medical notes, if relevant, as well as your condition and prognosis. They may ask you some questions about what has happened to you and how you have been impacted. Once they have all of the information they require, they will set about creating a medical report that could be used to provide evidence of your condition and the professional’s opinion on your likely prognosis. This could be used to determine your level of compensation.

Thank you for reading our NHS compensation payouts guide.