How to Sue the NHS
On This Page:
- Can I sue the NHS?
- How do I sue the NHS?
- How much compensation can I get from suing the NHS?
- Is suing the NHS ethical?
- Is it worth suing 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:
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.
If you or your child suffered as a result of substandard medical care during, before or after giving birth, you could be owed compensation.
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:
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1. Establish fault
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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.
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2. Collect evidence
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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.
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3. Find a solicitor
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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.
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4. Write a letter of complaint
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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.
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5. Settle your claim
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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.
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 suing the NHS ethical?
We understand that you might have concerns about the ethics of suing the NHS. But you shouldn’t let this deter you from pursuing the compensation you deserve.
If your case is successful, your settlement will be paid through NHS Resolution. This organisation essentially acts as an insurer for the NHS, and money is put aside each year to cover the cost of payouts.
This means that your claim will not directly impact the services provided by the NHS trust that treated you.
Is it worth suing the NHS?
Experiencing any form of medical negligence can be devastating, and you might be hesitant to take legal action at such a difficult time. But you have a right to pursue compensation if your GP or hospital failed in their duty of care towards you.
Making a claim won’t undo what happened, but it could help you on your road to recovery.
If the other side admits responsibility, your solicitor may even be able to apply for an interim payment. This will be paid out of your final compensation amount before the case is settled, allowing you to cover any immediate costs like medical expenses or household bills.
To find out more about how we could support you in making a claim, get in touch with us today. You can do this by giving our team a call or by starting your claim online.
