How to Sue the NHS
On This Page:
- Can I sue the NHS?
- How do I sue the NHS?
- Is there a time limit for suing the NHS?
- How much compensation can I get from suing the NHS?
- Is it difficult to sue the NHS?
Can I sue the NHS?
Our NHS generally does a wonderful job of helping us through our medical problems. But there are occasions where things don’t go according to plan and someone gets hurt.
If you or a loved one has suffered harm because of a medical professional’s mistakes, you could have grounds to sue the NHS for negligence. This might apply in situations involving:
- Misdiagnosis
Early and accurate diagnosis is essential for treatment to be effective. If your condition has worsened due to an incorrect or late diagnosis, you could have grounds to claim. - Pregnancy or birth injuries
If you or your child suffered as a result of substandard medical care during, before or after giving birth, you could be owed compensation. - Surgical errors
Most surgeries come with risks, which should be explained to you before undergoing a procedure. But if you were injured due to errors made by your surgeon, you could claim.
This isn’t a complete list. If you think you could be entitled to compensation, give our knowledgeable team a call.
We’ll speak to you about your situation and let you know if our specialist NHS negligence solicitors could help.
How do I sue the NHS?
The thought of suing the NHS for negligence can feel overwhelming. But it’s often helpful to break down the process into stages:
1. Establish fault
For your claim to be successful, your solicitor will need to prove that the medical professional responsible for your treatment failed in their duty of care. They’ll then need to show that this negligence directly led to your injury or illness – which is known as establishing causation.
2. Collect evidence
Evidence is a crucial element of suing the NHS. Try to collect all your medical records together, as well as any other relevant information. Ensure you note down dates and times of treatment and the names of anyone involved.
3. Find a solicitor
These types of claims can become complicated, so it’s vital that you have the right legal support. We can put you in touch with experienced solicitors who will guide you through the process and keep you updated at every step.
4. Write a letter of complaint
Your solicitor will also help you write an official letter of complaint to the NHS trust in charge of your care. This won’t result in any compensation being awarded, but it could help to support your case and you may receive an apology for the negligence you suffered.
5. Settle your claim
Your solicitor will put your claim to the NHS trust involved and they will then either accept or deny responsibility. If responsibility is denied, your solicitor will review the evidence and do everything they can to resolve the case out of court.
Is there a time limit for suing the NHS?
As with all medical negligence claims, there will usually be a time limit for starting legal proceedings.
In most cases, you’ll have three years to make a claim. This could be three years from the date the negligence took place, or from when you first became aware of it – usually through a later diagnosis.
The rules are slightly different if you’re making a claim for someone else, though. For example, if you’re claiming for a child, you’ll have until their 18th birthday to do so. They’ll then have until they’re 21 to claim compensation.
Meanwhile, if you’re taking legal action for someone who lacks mental capacity, there won’t be a time limit applied to your case.
How much compensation can I get from suing the NHS?
This is difficult to say without knowing the details of your case. But if your claim is successful, your compensation will likely be split into two categories: general damages and special damages.
General damages* are there to compensate you for the pain and suffering you’ve endured due to medical errors. They’ll also consider how you’re likely to be affected both physically and psychologically in the future.
Special damages are different as they’ll recognise the financial impact of the negligence you experienced. This could be lost earnings if you’ve had to take time off work to recover, or the cost of additional care.
*For a rough estimate of how much your claim could be worth in general damages, try our free compensation calculator.
Is it difficult to sue the NHS?
Taking legal action against the NHS can feel difficult, but our solicitors will do the hard work. They’ll explain how it works and what steps will be taken.
Our solicitors are experienced in these types of claims and will do all they can to make the process as stress-free as possible for you. They’ll build a strong case on your behalf, so you can focus on your recovery.
To learn more about how we could help you, get in touch with our team today.
You can reach us by calling the number at the top of the screen or by filling in our quick and easy online form.
Reviewed by Jacqueline Busby, Head of Legal Services
