Background

NHS Negligence Claims

Our Clinical Negligence team is one of the leading practices in the South West, supporting clients throughout the region and beyond in bringing successful claims against the NHS for clinical / medical negligence.

Our approach to NHS negligence claims

If you’ve suffered an injury as a result of medical negligence by an NHS organisation or healthcare professional, you may be able to claim compensation. While the NHS is a valued and treasured national institution it is not beyond reproach and when its agencies and employees fail to deliver the standard of care that we expect, they need to be held accountable, especially when the consequences are severe and life changing.

We are renowned for our technical expertise and our sympathetic and supportive approach to clients who have experienced injury, illness and death due to NHS negligence. If you or a loved one have suffered as a result of NHS negligence, we can help you secure the justice and compensation to which you are entitled.

Can you claim against the NHS for medical negligence?

If a doctor, nurse or any other medical professional has provided substandard treatment and care to you or a loved one, which has resulted in an injury, worsening of your medical condition, or in some cases, death, then you may be able to make a compensation claim against the NHS.

Our expert Clinical Negligence team advise clients on a wide range of claims against the NHS, including:

  • Cancer misdiagnosis claims
  • Medical negligence resulting in death
  • Orthopaedic negligence claims
  • Surgical negligence claims
  • GP negligence claims
  • Nursing negligence claims
  • Birth injury claims
  • Accident & Emergency (A&E) negligence claims
  • Medical misdiagnosis claims
  • Sepsis misdiagnosis claims
  • Inquest solicitors
  • Cerebral palsy claims
  • Amputation claims
  • Brain injury claims
  • Fatal claims
  • Nerve injury claims
  • Spinal injury claims
  • Failure to prevent suicide
  • Pregnancy and gynaecological injury claims

The aim of any compensation received is to attempt to put you back in the position you would have been in but for the negligence. It is not awarded to you so that you can benefit from any award financially, but is simply there to fill the gaps in your life caused by the negligence. In claiming compensation, you may also be helping to highlight a shortfall in the NHS and preventing or reducing the risk of the same thing happening to someone else.

Many of the NHS clinical negligence claims that we advise on are handled on a no win no fee basis, meaning that there is no financial risk to you if your claim is unsuccessful.

Will making a claim for clinical negligence impact your ongoing treatment?

No – if you are being treated by a medical institution/organisation that you wish to make a medical negligence claim against, you are well within your rights to continue treatment with them.

Will the medical professionals who treated you lose their jobs?

Compensation claims run separately from any other form of disciplinary action. It is the responsibility of other institutions and professional bodies to decide whether any action is taken directly against a medical professional following a claim for clinical negligence.

For example, the General Medical Council (GMC) is an independent organisation that helps to protect patients and improve medical education and practice across the UK. In particular, this organisation can take action to prevent a doctor from putting the safety of patients, or the public’s confidence in doctors, at risk. If the GMC investigate a medical professional, and the results show that the negligent act happened again, or that a life was endangered, then they may impose sanctions preventing that individual from practising.

Similar investigations are conducted by the National Midwifery Council (NMC) and the Care Quality Commission (CQC). Our clinical negligence solicitors can talk you through how to make a complaint or referral to the GMC, NMC or CQC if appropriate.

How much will your NHS negligence claim cost?

In many cases, we will be able to support you on a no win no fee basis, meaning that if your claim is not successful, you will not have to pay any legal fees. If your child has suffered serious brain injury at birth as a result of clinical negligence you may be eligible for legal aid to support your claim.

Whatever your case, we offer a free initial consultation to help you understand the process and the likely funding basis of your claim.

How long do I have to make an NHS negligence claim?

You usually have up to three years from the date of the episode or when its effects were first apparent to start a clinical negligence claim for NHS negligence.

If the claim is for your child, you have until their 18th birthday to make a claim on their behalf. After this it becomes the responsibility of the child to make the claim, with the three-year limit starting when they reach the age of 18. If they lack the ‘capacity’ to handle their own affairs, the time limit does not apply. Similarly, if the birth injury claim is on behalf of an adult incapable of handling their own affairs, the limitation does not apply.

We recommend that you contact us as soon as possible, so that our clinical negligence lawyers can explain the process of claiming compensation, start your claim and help you access any other support and/or rehabilitation you need.

How much compensation could you receive?

Every case of NHS negligence is different. That’s why it is important to get expert advice from qualified specialist lawyers who really understand the unique nature of each NHS negligence issue and who are experienced in working with medical professionals to truly understand its long-term implications.

The amount you can claim will depend on a number of factors, including the severity of the injury or condition, any financial losses you or your child have suffered or will suffer in the future, and any changes to your lifestyle that you have to make as a result of the NHS negligence. Whatever the case, our specialist clinical negligence lawyers will ensure that you get the compensation and support you are entitled to.

Of course, financial awards can’t fully compensate you or your loved one for injuries or conditions caused by NHS negligence or address any long-term consequences. But compensation can help you to make any necessary adjustments to your lifestyle and help you get your life back on track. Compensation could also help to provide vital support if you have lost the capacity to work as a result of NHS negligence.

Team

Rachel Pearce

Head of Clinical Negligence and Personal Injury

Gareth Monk

Paralegal

Sharon Parsons

Litigation Executive

News & Events

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Key contact

Rachel Pearce

Head of Clinical Negligence and Personal Injury

Get in touch

Call us on 0800 328 3282, or complete the form below and we’ll get back to you as soon as possible.

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This guide to making a complaint against the NHS contains useful assistance.

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