NHS and GP Negligence

You may be able to claim against the NHS if you suffered an injury or became ill while in the care of an NHS surgery or hospital. We can help you.

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Can I make an NHS negligence claim?

Millions of people are successfully treated by the NHS every year. But things can sometimes go wrong.

In 2023/24, 13,382 claims were brought against and resolved by the NHS according to NHS Resolution.

If you’ve suffered an injury or developed an illness while being treated by a GP, specialist doctor or any other medical professional working within the NHS, our medical negligence solicitors could help you access compensation and support.

Examples of NHS medical negligence include:

  • Misdiagnosis and delayed diagnosis
    Early diagnosis and treatment is vital, especially when it comes to aggressive diseases like cancer. If your condition was mistaken for something else, or your diagnosis was delayed, you could claim compensation.
  • A&E negligence
    A&E departments are often busy, which means mistakes can happen. But if you were harmed due to the negligence of an A&E doctor or nurse, you could have an NHS claim. This might apply if your test results were lost, or you were given the wrong medication.
  • Failure to refer to a specialist
    GPs must refer you to a specialist doctor at a hospital if you have a serious illness. If your GP failed to do this and your condition became worse, you may have grounds to make a claim against the NHS for negligence.
  • Pharmacy errors
    There are strict rules around the distribution of medicine in the UK. But mistakes can still happen. If you were given the wrong type or dosage of medicine by your pharmacist, our solicitors may be able to help you bring a claim.

In the worst cases, NHS negligence can have fatal consequences. If your loved one lost their life as a result of fatal negligence, our experienced solicitors will help you bring a claim on their behalf.

Why should I make an NHS negligence claim?

To claim against the NHS for negligence can feel daunting. But if you’ve suffered due to the mistakes of a medical professional, it’s only right that you seek justice and compensation.

For most people, the main fear that comes with making a claim is having to appear in court. But this is actually very rare for NHS negligence cases. In 2023/24, 81% of claims brought against the NHS were resolved without the need for court proceedings. So you shouldn’t let this worry deter you.

Making a claim won’t undo what happened, but it could help you on your road to recovery. If your case is successful, you’ll receive a settlement which will help you cover any costs associated with your claim – such as lost earnings if you’ve had to take time off work.

This can help to lessen the pressure on you at what will already be a difficult time.

Our NHS negligence solicitors are experienced in these claims and will do everything they can to make the process as stress-free as possible. So you can focus on getting better.

How do I prove NHS negligence?

To make a successful claim against the NHS, your solicitor will need to prove two things – breach of duty of care, and causation:

  • Breach of duty of care
    This is when a medical professional (the defendant) acts in a way that falls short of acceptable standards.
  • Causation
    You’ll also need to prove that the negligence you suffered directly led to your injury or illness – this is known as causation. If there’s a chance you still would have suffered harm if the defendant had acted differently, your claim may not be successful.

For these types of cases, our NHS hospital and GP lawyers work on a No Win No Fee basis. This means there will be nothing for you to pay upfront and no legal fees to cover if your claim is unsuccessful.

Only pay a fee if you receive compensation

Our No Win No Fee solicitors will take a success fee from the compensation you are awarded for a successful claim in the form of a percentage of your damages. This could be up to 25% but it won't be more than that, except in cases of road traffic accidents. Changing laws mean our solicitors will now take a payment of 35% of the final compensation amount plus VAT for all road traffic accident claims.

First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.

NHS negligence claims FAQs

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

You’ll usually have three years to make an NHS compensation claim. But while this might sound like a long time, it’s always a good idea to start the claims process as early as you can.

Taking legal action sooner rather than later will help your solicitor to gather important evidence, such as medical records and witness statements. It may also be easier for you to remember the details of what happened.

There are some exceptions to the three-year time limit, though. For example, if you’re claiming for a child, you’ll have until they’re 18 to do so. They will then have three years to make a claim themselves.

Meanwhile, if you’re taking legal action for an adult who cannot bring their own claim, you won’t face any time limit. But this will only apply if the person affected has lost mental capacity, usually due to a brain injury or a degenerative illness like dementia or Alzheimer’s.

It won’t always be clear straight away that NHS malpractice has taken place. In these cases, the claims time limit will begin from the date you realised you’d been treated negligently – usually through a later diagnosis.

Will my treatment continue after making an NHS claim?

If you’re still receiving treatment at the time of making a claim against the NHS, your care will continue as normal. You won’t face any negative consequences for taking legal action.

We understand you might feel uncomfortable with this, though. And it’s important to remember that you have the right to change healthcare providers at any time.

What is the average payout for NHS negligence?

Every claim is different, and medical negligence can cause complex injuries and illnesses. This makes it difficult to say exactly what you might receive in compensation.

In successful claims against the NHS, compensation is usually split into two parts: general damages and special damages.

General damages* will consider the pain and suffering caused by the negligence you experienced. It will also take into account how your injury or illness is likely to affect you going forward.

Special damages on the other hand will compensate for you any financial losses related to your claim. This could be the cost of travel to and from medical appointments, care expenses or lost earnings if you’ve taken time off work to recover.

*For a rough idea of what you could be owed in general damages, try our free compensation calculator.

Calculate your compensation in 4 easy steps...

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  • In these cases brain damage, if any, will be minimal.
  • Where a good recovery has been made but symptoms such as poor concentration and memory problems continue.
  • Where ability to work is reduced and there is a risk of epilepsy.
  • The injured person is very seriously disabled and is dependent on others.
  • Epilepsy has been caused as a consequence of the injury.
  • Affecting the ability to cope with life and/or work or affecting relationships with family and friends.
  • The injured person largely recovers within two years.
  • Injury causes effects that cause significant disability for the foreseeable future, or permanently.
  • In consequence of defective permanent waving etc. where effects are dermatitis or hair loss leading to distress and effects on social life.
  • Where hair has been pulled out leaving bald patches, or stress-induced alopecia with full recovery within two years.
  • Resulting in pain and temporary interference with vision.
  • Permanent impairment of vision in one or both eyes.
  • Total loss of sight in one eye and reduced vision or other problems with the other eye
  • Total loss of sight in one eye only.
  • Mild tinnitus with some hearing loss
  • With noise induced hearing loss, or moderate to severe tinnitus, or noise induced hearing loss alone.
  • With noise induced hearing loss
  • With or without associated problems such as tinnitus, dizziness or headaches.
  • With or without the speech being affected, or tinnitus.
  • Full recovery with no surgery required.
  • Where recovery is complete after surgery
  • Injuries requiring a number of operations and/or resulting in permanent damage.
  • Simple fracture of the cheekbone, which will fully recover without surgery.
  • Simple fracture of the cheekbone requiring some reconstructive surgery, but with full recovery and little or no cosmetic effects.
  • Serious fractures causing lasting effects such as burning/prickling sensation or an element of disfigurement.
  • Requiring immobilisation but recovery is complete.
  • Serious injury causing permanent damage, such as difficulty eating or opening the mouth.
  • Very serious multiple fractures requiring prolonged treatment. Permanent effects such as severe pain, restricted eating.
  • Assessed per tooth.
  • Single tooth only.
  • Extends over a number of years, including significant deterioration of overall condition of the teeth.
  • Where full recovery takes place between nine months and one year.
  • Fractures or dislocations which cause severe immediate symptoms and chronic conditions, leading to impaired function or limitation of activities.
  • Injuries usually involving serious fractures or disc damage leading to disability, such as substantial loss of movement or loss of function in one or more limbs.
  • Caused by asbestos
  • Varying levels of respiratory disability and reduced lung function (1-10% and in excess of 10%)
  • Severe pain and impairment of the pleura (lung lining) or the peritoneum (lining of the abdominal cavity), affecting function and quality of life.
  • Causing respiratory disability attributed to asbestos exposure.
  • Causing permanent damage, impairment of function, physical disability and reduction of life expectancy.
  • Such as soft tissue damage causing considerable pain but recovery almost complete within two years.
  • Such as frozen shoulder causing limitation of movement and discomfort for up to two years.
  • Causing pain in shoulder and neck, aching in elbow, weakness of arm and hand.
  • Involving damage to the brachial plexus and resulting in significant disability.
  • Temporary or permanent disability as a result of a fracture.
  • Such as strains, sprains, disc prolapses and soft tissue injuries.
  • Such as disturbances of ligaments and muscles causing backache, or compression fracture.
  • Injuries causing severe pain and disability, including impaired bladder, bowel and sexual function.
  • Resulting in significant or permanent disability
  • Most elbow injuries such as simple fractures, laceration and tennis elbow, not resulting in permanent damage or impairment.
  • Injuries causing impairment of function but not involving major surgery or significant disabilty
  • Injuries such as deep lacerations, soft tissue wounds or crush injuries, all recovering within six months.
  • Resulting in impairment of grip or reduced mechanical function. Partial amputations resulting in deformity.
  • Injuries such as a thumb being severed and re-attached, leaving it with little use, amputation of the tip or at the joint of the thumb. Nerve damage or fracture resulting in impaired grip or dexterity.
  • Amputation resulting in very little use and weak grip.
  • Amputation due to crush injuries, or loss of a significant part of the hand due to traumatic injury.
  • Serious injury resulting in extensive damage to both hands, effectively leaving them with little use.
  • Caused by repeated vibration, damage to hands including impaired grip, dexterity and frequent pain.
  • Such as an uncomplicated fracture with full or virtual recovery.
  • Injuries resulting in significant permanent disability, but some useful movement remains.
  • Injuries causing some permanent disability, such as persistent pain and stiffness.
  • Resulting in complete loss of function in the wrist, for example when an arthrodesis has been performed.
  • Such as a broken femur, tibia or fibular
  • Serious fracture or injuries to joints or ligaments, scarring, instability and lengthy treatment required.
  • Fractures where a full recovery is not made.
  • Loss of a leg below the knee
  • Loss of a leg above the knee
  • Both legs being lost above the knee, below the knee, or where one leg has been lost above the knee and the other below.
  • Torn cartilage or meniscus, laceration, twisting and bruising. May be full recovery, or continued aches and pains.
  • Injury or damage causing mild disability or continuing pain, discomfort or limited movement that may require future surgery.
  • Fractures, joint or ligament damage causing constant pain, impairing movement and agility. Requiring prolonged treatment, the injured person will be prone to osteoarthritis.
  • Including fractures where there is full recovery within two years.
  • Significant injury but any permanent disability is not major. Injury may require a hip replacement.
  • Such as extensive fractures resulting in substantial disabilities.
  • Simple metatarsal fractures, ruptured ligaments.
  • Displaced metatarsal fractures resulting in permanent deformity.
  • Fractures to feet resulting in restricted mobility and /or considerable continuing pain.
  • Crush or multiple fractures to two or more toes, resulting in permanent disability.
  • Undisplaced fractures, sprains and ligament injuries.
  • For fractures and ligament tears resulting in moderate disability, such as difficulty walking on uneven ground or on stairs.
  • Injuries involving long periods of treatment, long period in plaster and some permanent disability.

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Or talk to our team on:
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There are other types of compensation you could be awarded through your accident such as loss of earnings or damage to property. The estimates given here are simply for your personal injury claim.

First4Lawyers' solicitors will be able to give you the best idea of the amount you should expect from your individual injury.

It is important to keep in mind that every case is different and the advice and estimates you'll be given, once your case has started, will be tailored specifically for your case.

Who pays for claims against the NHS?

If your NHS negligence claim is successful, your compensation won’t be taken out of the NHS budget. So this isn’t something you should worry about.

Instead, your settlement will be paid through NHS Resolution, which essentially acts as an insurance body for the NHS.

Every year, money is put aside by NHS trusts to cover the cost of claims, which means your case won’t affect the services provided for other patients.

How long does an NHS medical negligence claim take?

This will depend on your individual situation. But generally speaking, the more severe your injuries are, the longer the claims process is likely to take.

Your solicitor will let you know how long your claim might go on for after speaking to you, so you’ll have a better idea of what to expect.

To find out more about how we could match you with a legal expert, get in touch with us today.

You can reach us by calling the number at the top of the screen, requesting a call back or by filling in our quick and easy online form.

Whenever you’re ready, we’re here to listen.

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