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