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. 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.
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.
Select a Section:
- A Guide To Making An NHS Negligence Compensation Claim
- What Is Clinical Negligence In The NHS?
- Statistics For Negligent NHS Treatment In England And Wales
- What Are the Most Frequent Forms Of Negligent NHS treatment?
- Can I Make An NHS Negligence Claim For A Family Member?
- Negligent NHS Treatment Leading To Death
- Claiming Compensation For Medical Misdiagnosis
- Claiming Compensation From Internal Injuries
- Claiming Compensation For Dental Negligence
- What Evidence Helps You To Make An NHS Negligence Claim?
- NHS Negligence Claims Time Limit
- What Steps Should I Take After Being Harmed by Negligent NHS Treatment?
- How To Start Your Claim for NHS Negligent Treatment
- What Can I Include In An NHS Negligence Payout
- Compensation Claims Calculator For Negligent NHS Treatment
- No Win No Fee Clinical Negligence Claims Against The NHS
- How We Help People Make Successful Claims Against The NHS
- Contact Accident Claims UK Today
- Useful Links
A Guide To Making An NHS Negligence Compensation Claim
This 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.
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.
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.
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.
Statistics For Negligent NHS Treatment In England And Wales
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.
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.
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 page 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 form so negligence.
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.
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.
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.
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. 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, out of pocket expenses, and any long-term negative effect upon your ability to work.
Compensation Claims Calculator For Negligent NHS Treatment
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:
|Paralysis (Quadriplegic)||Full and total paralysis||284610|
|Paralysis (Paraplegic)||Partial paralysis.||192090|
|Brain Injury||Severe||Brain damage which leaves the victim with no chance of normal living.||247280|
|Brain Injury||Moderate to severe||Brain damage which will leave the victim with a life-changing permanent disability.||192090|
|Brain Injury||Moderate||Brain damage which will leave the victim with permanent impaired mental faculties.||131620|
|Brain Injury||Minor||Brain damage which will leave the victim with minor mental issues such as inability to concentrate.||1940|
|Mental Damage||Severe||Such as serious cases of post-traumatic stress disorder.||48080|
|Mental Damage||Moderate to severe||Such as cases of post-traumatic stress disorder which last some time.||16720|
|Mental Damage||Moderate||Such as long-term depression and anxiety.||5130|
|Mental Damage||Minor||Such as short-term depression and anxiety.||1350|
|Eye Injury||Severe||Entire lost of site in either one eye or both eyes.||Up to £235,630|
|Eye Injury||Loss||Complete physical loss of an eye.||48080|
|Eye Injury||Single||Loss of sight in one eye.||43200|
|Eye Injury||Minor||Such as short-term injuries that will leave the eye sightless until healed.||3460|
|Ear Injury||Total||Loss of hearing in both ears.||79560|
|Ear Injury||Single||Loss of hearing in one ear.||27450|
|Ear Injury||Partial||Partial loss of hearing in one ear.||26040|
|Chest Injuries||Severe||Injuries that will heal but with permanent pain and reduced respiration capacity.||57620|
|Neck Injury||Severe||Such as injuries that result in some form of paralysis.||Up to £130,060|
|Neck Injury||Moderate||Loss of full movement of the neck.||21910|
|Neck Injury||Minor||Injuries from which the victim will make a full recovery.||3810|
|Back Injury||Severe||Including injuries which will leave the victim with permanent pain and reduced function of the back.||79890|
|Back Injury||Moderate||Long-term injuries that will cause pain and restricted movement until healed.||24340|
|Back Injury||Minor||Short-term injuries that will heal fully.||6920|
|Arm Injury||Severe||Complete loss of function of both arms.||211150|
|Arm Injury||Moderate to severe||Complete loss of function of one arm.||£120,270 or more|
|Arm Injury||Moderate||Such as serious compound fractures.||13720|
|Wrist Injury||Minor to severe||From soft tissue injuries to complete loss of function of the wrist.||£2,500 to £52,490|
|Hand Injury||Severe||Complete loss of both hands.||123310|
|Hand Injury||Moderate||Complete loss of one hand.||84310|
|Hand Injury||Minor||Soft tissue injuries and sprains.||5110|
|Leg Injury||Severe||Complete loss of both legs.||211150|
|Leg Injury||Moderate to severe||This includes injuries such as partial amputation.||84400|
|Knee Injury||Minor to severe||Soft tissue injuries to series permanent loss of function of the knee.||£8,000 to £84,360|
|Ankle Injury||Minor to severe||Soft tissue injuries to series permanent loss of function of the ankle.||£8,000 to £61,110|
|Foot Injury||Severe||Complete loss of both feet.||148540|
|Foot Injury||Moderate to severe||Complete loss of one foot.||73620|
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.
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:
At the link below, you will find a research report covering medical malpractice compensation in the UK:
At the link below, you will find a research report covering clinical negligence in the UK: