NHS Medical Negligence Claims

What issues can I sue the NHS for negligence over?

Is there a time limit on suing the NHS?

As with other Personal Injury claims, time limits apply when making an NHS negligence claim. Key factors of which include:

• An NHS medical negligence claim must be made within 3 years of the occurrence of negligence;
• For those under the age of 18, the time limit for bringing an NHS negligence claim does not begin until their 18th birthday, from which point they have 3 years to make a claim. In many cases though, a trusted adult may be permitted to submit a claim on behalf of a child prior to their 18^th birthday.

There are some exceptions to the above legal limits such as:

• In some cases, the 3-year time limit begins from the first date from when the victim becomes aware of the misdiagnosis or injury being contributed to by NHS negligence.

The standard time limit, rules and exceptions explained above are clearly defined for NHS medical negligence claims in England and Wales. Some cases have mitigating factors applied, but the best way to determine if you qualify for an NHS claim is to obtain legal advice from trusted and knowledgeable NHS medical negligence solicitors, as soon as you suspect an instance of NHS medical negligence.

If I sue the NHS, will it affect my current treatment?

Over the years, we have offered legal assistance to many NHS negligence claimants and have had a considerable number of clients worrying that making a direct hospital negligence claim against their current medical facility could affect the standard or the availability of medical care. Making a direct hospital negligence claim against a particular medical facility could affect the standard or availability of any ongoing treatment they are receiving from that facility. We understand this worry, but it is important to understand that:

• An NHS negligence claim does not interfere with your entitlement to any continuing medical care.
• Medical professionals, be they doctors, nurses or surgeons, have a responsibility of care and cannot refuse you medical care on these grounds.
• If for any reason you feel uncomfortable receiving medical care from the specific medical facility or professional you are claiming against, our solicitors should be able to offer support and advice with regards to your ongoing treatment and alternative options.

Our NHS negligence solicitors understand that this falling victim to medical negligence can be a stressful and challenging time. Medical Negligence Specialists are here to offer you comfort in such times and guide you through the process of suing for NHS negligence. Contact us for to discuss our range of legal service in more detail with regards to making an NHS compensation claim.

How much does it cost to make a negligence claim against the NHS?

Many claimants looking to pursue an NHS negligence claim are very much concerned about the legal expenses they may incur. Thankfully, Medical Negligence Specialists ensure that we protect your financial interests, with most claimants that we help to pursue NHS negligence claims represented on a No Win No Fee model.

This method, also referred to as a Conditional Fee Agreement (CFA), means there are no legal charges to pay if your claim is unsuccessful. You are covered from financial risk, as the solicitors taking on your NHS negligence claim are able to secure their legal fees from the defendant on most occasions, protecting your financial interests.

Another alternative is if you have an active insurance policy or a trade union membership that covers you for legal expenses for NHS negligence claims. Our NHS negligence solicitors can also contact your insurance providers on your behalf to see if your policy covers the legal expenses when making ab NHS negligence claim. Contact our experts today and we’ll guide you through your legal options, while also offering you guidance as to whether your case is likely to be successful.

How do I pay for a negligence claim against the NHS?

It is a common concern of those considering making a medical negligence claim to wonder about the financial burden involved with possible legal fees. Thankfully, when you undertake any medical negligence compensation claim with Hampson Hughes Solicitors, including claiming against the NHS, we can help you to find the ideal payment model to protect your financial interests.

In many cases, this will be achieved by pursuing your claim on a ‘No Win No Fee’ model, also known as a Conditional Fee Agreement (CFA). This payment arrangement means that in the vast majority of cases, if you do not win financial compensation then you have no legal expense whatsoever, as we are able to recover most of our legal costs from the defendant, protecting our client’s financial interests.

It may be that for some of our clients, a CFA is not the preferred model, as some individuals or families will have existing insurance policies that cover legal costs or trade union membership. In terms of selecting the preferred payment model for you, the best step for you to take is to contact our clinical negligence team so that one of our solicitors can discuss the details of your case and advise on your ideal payment method.

What evidence do I need to gather to sue the NHS?

It is vital to gather as much evidence as possible that can be utilised to produce a favourable outcome in any NHS negligence compensation claim and this requires both medical and legal expertise. Medical Negligence Specialists can assist with the gathering of relevant information from medical records and independent medical experts. The evidence that we obtain on your behalf will then be used to demonstrate the negligence of an NHS professional in support of your NHS compensation claim.

For anyone considering a negligence claim against the NHS, obtaining the right evidence is a key factor in obtaining a favourable legal outcome. We will arrange for an independent medical expert to give confirmation of the injuries or ongoing condition that is being claimed for. They can also determine if the treatment you received was below expected standards, and the ways in which the NHS negligence has impacted your life.

By evidencing the injuries and/or ongoing medical conditions related to the negligent medical care, we can convey how the NHS negligence has affected your life. This greatly helps in determining how the standard of treatment received justifies your NHS compensation claim. We ensure that expert advice is offered to you throughout in support of your NHS negligence claim.

Of course, with a three-year time limit, there is the possibility that the injury or illness incurred will no longer be obviously detectable, which is why an independent expert is required, alongside access to medical records. We will arrange all of this for you.

Medical records and other photographic evidence are another way to prove the extent of your injuries and when they occurred. We recommend that if possible you build a detailed log of all the relevant details with regards to when, how and where the medical negligence occurred, but don’t worry if you are unable to because we will obtain your medical records for review.

Our highly qualified and experienced NHS negligence solicitors will gather as much evidence as possible in support of your claim. Do not worry about this process, as Medical Negligence Specialists will do this on your behalf, in addition to any evidence that you already have access to. We can gather medical records, photographic documentation and any other relevant documentation with regards to your claim for NHS medical negligence.

How do I find the right NHS claims solicitor?