NHS Negligence Claims | Medical Negligence NHS - MND

NHS Negligence Claims

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    NHS Medical Negligence Claims & Solicitors

    The National Health Service (NHS) has been phenomenal in making healthcare largely free and accessible to all UK citizens. Although high standards of care are maintained within the range of healthcare services offered by the NHS, things could occasionally go wrong. This is evident in the dramatic increase in the number of NHS negligence claims recorded each year.

    nhs negligence

    If you have been searching for an “NHS legal practitioner near me”, look no further! We have solicitors who are experts in NHS Negligence claims and they are readily available to help you. You can contact them today by completing our quick Free Claim Assessment or call us on 0800 644 4240.

    What are NHS Negligence claims?

    NHS negligence claims happen when an NHS healthcare provider falls below the acceptable standard of care expected of them. Put simply, when a medical practitioner, whose duty is to ensure quality treatment is given to a patient, turns around to act negligently towards the care rendered.

    If you are sure a medical practitioner acted unprofessionally in their area of specialization, resulting in any form of harm and suffering to you, you can bring forward a claim. Here at Medical negligence direct, our NHS solicitors understand that compensation obtained for victims goes beyond the figures received. We understand that compensation inspires justice for that victim who has had to endure difficult times. 

    What are the Causes of NHS Negligence Claims?

    There are diverse reasons for NHS negligence claims. However, the rapid increase in demands on the NHS consequently seems to be one of the major contributors to these blunders. In fact, recent statistics reveal that the number of reported claims of NHS Negligence has increased substantially, with NHS compensation payouts doubled in the past six years and over £24.3 million spent on NHS negligence claims relating to medication errors in 2019/2020 only.

    As far as negligence claims against the NHS go, the most common claims are related to Orthopedic Surgery, closely followed by negligence in Accident and Emergency Departments. However, maternity claims (related to birthing and obstetrics) remain the highest value area, representing 50% of the total value of all claims received. 

    Although the NHS has a comprehensive specification they follow to ensure patient safety, sadly these specifications are not often adhered to, resulting in negligence.

    Find below some of the most common causes of NHS negligence:

    • Human Error of A Medical Professional
    • Failure to Carefully Examine Patients
    • Poor Communication between NHS Departments
    • Being Understaffed or Shortage in manpower.

    If you have suffered unnecessary pain due to NHS Negligence contact us today. 

    What are the types of NHS medical Negligence Claims?

    NHS negligence can occur in nearly every aspect of medical care. Provided there is a proven act of medical negligence in the supposed duty of care, patients can make NHS medical negligence claims. 

    If you are looking at making a claim, our NHS negligence solicitors with decades of experience in suing NHS for Negligence will represent you on a No Win No Fee basis. Did you lose a loved one to NHS negligence? You can also make an NHS negligence death compensation claim. 

    Some of the most common types of NHS Negligence claims our NHS solicitors have handled relate to:

    How do I make a claim against the NHS for Negligence?

    If an inappropriate standard of care has been rendered to you or your loved one from an NHS medical service provider, you may be able to make a claim against the NHS for compensation.

    The NHS medical practitioner must ensure that acceptable standards of treatment are given to their patients. If they fail to meet this standard, this may lead to violation of the duty of care they owe to you.

    When it comes to making a claim against the NHS, it is important that you follow the NHS complaints procedure. Complaints can be made to the NHS verbally or in writing. Usually, when these complaints are made to the NHS resolution, they are resolved within the earliest time possible. 

    Making NHS medical negligence claims

    Some of the most frequently asked questions from clients include “how do I report NHS negligence?” Or “how do I make a claim against the NHS?”. This goes without saying that a lot of persons suffer NHS negligence in silence without knowing how to go about getting the justice they deserve. 

    Before you consider making a clinical negligence claim against the NHS, consider the following information 

    Negligence must be proven during NHS Claim:

    You must be able to prove that 

    • The NHS medical practitioner or NHS hospital owed you a duty of care which was breached
    • The breach of duty resulted in your injury, pain and suffering or worsened condition
    • The injury sustained by you or your loved one worsened your medical condition, caused significant damages or has had a life-threatening impact on your life. 

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    As proof of evidence, it is advised that you keep the following documents:

    • A statement highlighting dates of medical appointments with other doctors or specialists, diagnosis made(in cases of misdiagnosis), information regarding the NHS hospital or doctor who made the diagnosis, actions taken (number of times you made a report if applicable) and any other relevant information.
    • Medical reports from other hospitals including test results, scans and financial expenses incurred. 
    • Statements from witnesses if you have any for example your family members 
    • Evidence of financial impacts including all receipts from payments made
    • Photographs of before and after condition

    Note: In some cases, our medical negligence solicitors experts will obtain an independent medical report from a professional medical practitioner (usually a doctor in the same speciality), to further help you prove that you have been a victim of negligence. 

    What are the steps involved in NHS negligence claims?

    Having gathered the necessary information, if you do not wish to pursue compensation claims, you can simply make complaints to the NHS. NHS complaints do not yield compensation, in which case the doctor may accept the wrongdoing and tender an apology to you (this especially happens in very minor cases). 

    If you have decided to make your complaint verbally, a record of your statement will be made and you will receive a written copy thereafter. But if your complaint is made on behalf of someone else, you must attach their written consent in your letter of complaint. On the other hand, if you are making a complaint on behalf of a non-Gillick competent child, a deceased person, and one who lacks the mental capacity to make independent decisions, consent will not be required in this case.

    Additionally, If you wish to pursue NHS mistakes compensation, the response you receive from the NHS after making a complaint can serve as solid evidence for your claim. The formal letter of complaint written to the NHS must be sent to the NHS within 12 months of the negligent treatment or 12 months from when you discovered the negligent treatment. 

    To make a formal complaint to the NHS, you may not necessarily need a lawyer. Complaints can be made to the NHS commissioning body. Alternatively, you can contact the NHS Patient Advice and Liaison Services (PALS). PALS is set up to assist patients and their families resolve the problems they may encounter while making use of services provided by the NHS. To locate the nearest PALS office to you, you can check the NHS official website or dial NHS 111 to receive details. 

    Find the steps below for making NHS negligence claims

    • Get all relevant evidence or documents to support your NHS complaint. Bear in mind that NHS complaints may not result in NHS negligence compensation awards. 
    • Ensure you write down your version of the incident, state the facts and also the reasons why you are unhappy or not satisfied.
    • Escalate your complaint with your NHS care provider in writing or verbally. You can also submit the complaint to the NHS commissioning body.
    • Ensure your complaint is within 12 months of the incident or 12 months from the date you became aware of the incident.

    • Wait for a response to your NHS complaint as this may serve as evidence to support your NHS compensation claim.
    • Review your response and speak to an expert medical negligence solicitor for advice on your next steps and find out if you can claim compensation as well.

    Our NHS negligence solicitors who are experts in all aspects of claims against the NHS will assist you with the necessary help you desire – you won’t need to worry about anything. Expert legal advice you need throughout the whole process from investigations till the compensation will be provided free of charge. 

    How Much Compensation Will I Get For NHS Negligence claims?

    The consequences of medical negligence can be quite frustrating and demoralizing for a victim, more especially if the injury sustained as a result of negligent care has completely shattered your life or put your life in disarray. 

    We understand that it is common for victims and families to think that there is a specific figure for NHS medical negligence compensation allocated to a particular injury or pain. For this reason, victims are often in a dilemma because predicting exactly how much they will receive as compensation. But in reality, for NHS negligence settlements, the type and degree of injury, pain, recovery time and financial impact on the family are taken into account.

    Also, keep in mind that even a medical negligence NHS calculator cannot provide perfectly accurate compensation amounts since every case is unique. However, it can give you an idea about how much compensation you may receive for your case.

    Why is it necessary to make NHS medical Negligence claims?

    The reason why you should make an NHS negligence claim is to ensure it doesn’t reoccur in the future. If medical mistakes that occur as a result of negligence are identified and investigated, there will be room for change and improvements.

    More so, it is also paramount that you are able to obtain compensation for your pain and suffering. For some victims, NHS negligence comes with additional expenses incurred which they did not bargain. Similarly, additional cost for care due to the injury sustained or financial loss for example, if the victim had to take time off work, or give up on your job altogether depending on the gravity of the damage. 

    In these circumstances, it is only fair that you as the victim are able to receive the correct amount of compensation for your suffering.

    How Long Does NHS Medical Negligence Claims Take?

    Since each medical negligence case is unique, the length of the claim process can depend on a range of factors, including whether the other party has admitted liability and the complication of the claim case. 

    Generally, NHS negligence claims are resolved more quickly than other forms of medical negligence claims. If you have any trouble, our professional NHS negligence solicitors will advise and guide you through the claim process. They are in the position to further advise you on how long they think your claim case will take depending on the type of claim.

    Noteworthily, you have 3 years to make a claim from the date you received the negligent treatment or 3 years from your date of knowledge of the negligent treatment.

    What Can You Claim if Death Occurs Due to NHS Negligence?

    As is the case with any other negligence case, NHS Damages for negligence Uk can be classed under; 

    • General damages
    • Special damages

    With general damages compensation will be made based on the type of injury, the severity of injury sustained, as well as pain and suffering caused by injury.

    Special damages, on the other hand, covers the financial impact of the injury (past, current and estimated future expenses), including any travel costs for medical appointments, costs for additional medications or treatment from specialists, costs of rehabilitation, additional care e.g hiring caregivers etc. 

    When it comes to NHS negligence death compensation, trying to estimate NHS negligence claims payout value can be quite complicated. Though our NHS solicitors use a medical negligence calculator to determine estimated values of compensation, depending on the circumstances surrounding the claim, amounts could vary substantially. 

    The table below shows estimated figures (which are not cast in stone) but would help you understand how the levels of severity/nature of injury or harm can impact the final compensation amount.

    REASON FOR CLAIM AVERAGE COMPENSATION AMOUNT DESCRIPTION
    Death (baseline) £12,000 to £300,000 This involves a comprehensive figure rolling different compensation types into one.
    Death (unconsciousness after a brief period of awareness) £8,000 to £10,650 This involves severe injuries which eventually leads to full unconsciousness within 3 hours, and ultimately death within the space of 2 weeks.
    Death (unconscious death within a week) £1,050 to £2,125 This involves severe injury leading to sudden loss of
    Death (full awareness) £15,950 to £18,100 This includes full awareness of current condition despite severe injuries; and eventually death within 2 weeks.
    Death (unconsciousness within 6 weeks) £6,400 This involves severe injury which eventually leads to a sudden loss of consciousness; and death within a space of 6 weeks.
    Mental anguish £3,500 This has to do with mental stress, worry and trauma as a result of impending death.
    Pain and suffering £1,000 to £200,000 This depends on the victim’s degree or level of suffering.
    Loss of earnings £10,000 to £400,000 This type of compensation covers the victim’s actual loss of earnings.
    Punitive damages £1,000 to £275,000 The compensation amount for this type of damage could even be higher in certain cases.
    Loss of benefits £5,000 to £500,000 This type of compensation covers the victim’s actual loss of benefits.
    Funeral costs £3,000 to £10,000 The compensation amount could be higher in certain cases.
    Loss of companionship and care for family members £2,000 to £100,000 This type of compensation covers suffering endured; it could even be higher in certain cases.

    What are NHS medical Negligence claims time limits?

    Generally, a complaint should be made within 12 months of the date of the negligence, or 12 months of the date you became aware of it. However, you can get an extension to this time limit only if you can provide reasons for not making a complaint earlier and if it would still be possible to guarantee an impartial investigation.

    Can You Claim Against The NHS For Medical Negligence?

    Yes, sure you can. If the NHS fails to meet the standards that are required of them, then NHS medical negligence claims can be made. As an organization whose duty is to provide quality medical care, the NHS plays a vital role in keeping the UK populace healthy. If they fail to carry out their duties professionally and are negligent towards patients, they must be held accountable just like any other organization.

    The lives of millions of people are in their hands and providing care negligently to patients is not acceptable, never. The NHS holds obligatory insurance to deal with medical negligence claims and you can rest assured that a claim for medical negligence does not mean you are doing the NHS injustice.

    How Much Compensation can you claim for NHS medical negligence?

    There are no specific compensation amounts allocated for medical negligence nhs as each case is different. However, a number of key factors can determine how much compensation you are awarded for medical negligence. The common matters that arise when determining how much you can claim for medical negligence are:

    • Severity of the injury
    • Timescale of injury
    • Care Costs
    • Equipment Costs
    • Loss of Earnings/Future Loss of Earnings
    • If a claimant has children or dependant

    NO WIN NO FEE NHS claims

    If you are looking to make a claim against the NHS for negligence, you can do so on a no win no fee basis. 

    A No Win No Fee is a conditional agreement where you will be represented by expert NHS solicitors on the basis that you will only be required to pay your legal fees upon a successful claim 

    For a free claim assessment kindly fill out our forms. Our expert legal team is always available to ensure you get the maximum compensation for nhs claims in the quickest time possible. Alternatively, you can Call – 08006444240.

    Frequently Asked Question about NHS Negligence Claims

    How much does the NHS pay in negligence claims?

    Annually, the NHS receives 10,000 new claims for compensation according to BBC. And statistics show that the total budget of NHS England in the year 2018 to 2019 was £129 billion.

    Depending on the nature of the injury, the NHS compensation amounts could be anywhere from £1,000 to several hundreds of thousands. 

    Do the NHS settle out of court?

    Yes, usually, you will not need to go through court stress when suing the NHS. This is because most NHS negligence claims against the NHS are settled by dialogue. In a case whereby you sue the NHS and must go to trial, a medical attorney will also be able to represent you.

    What is the average payout for nhs negligence in the UK?

    According to the National Health Service Litigation Authority, the average NHS negligence claims payout was estimated at around £50,000.

    Can I claim against the NHS for negligence?

    Yes, it is possible to make a claim against the NHS or even sue the NHS for misdiagnosis when you have received a treatment that has fallen way below the expected standard, resulting in harm. 

    How do I know if I have an NHS claim?

    To prove a case of medical malpractice, you must be able to demonstrate that a healthcare provider whose duty is to provide proper care to you, breached such standard (Or acted in a way that a reasonable, similarly trained person would not have acted). If the breach or error, further resulted in severe harm or damage to you, compensations will be duly awarded. 

    Why is my NHS negligence claim taking so long?

    Since much expert medical evidence is needed, clinical negligence cases take a long time but that does not mean you will face huge legal bills. However, NHS negligence cases are quickly resolved and if you need to make a claim, our medical negligence solicitors can do so on a ‘no win no fee’ basis so there is no financial risk applied to you.

    Is it worth complaining about the NHS?

    The simple answer is yes. Making a complaint to the NHS for negligence goes a long way in ensuring that your case is resolved on time – by either remedying your current situation or awarding settlements. Reporting your NHS negligence issues will help the NHS achieve necessary improvements in standards of care given to patients. 

    Can I sue the NHS after 10 years?

    Yes, given the circumstances surrounding your case, the time limit for NHS claims can be adjusted. Usually, victims are required to bring their claim within 3years of the negligent incidence. Exceptions to this include critical cases where victims are mentally incapacitated and cannot bring claims themselves or the case of defective medical equipment or products (for example, the claim can be made within 10 years of that product going into circulation).

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