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Suing the NHS for Negligence

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How to Sue the NHS?

Here in the UK, the vast majority of our medical care will be delivered by the NHS, with the majority of the care delivered being of the highest standards. There are cases, however, where a patient receives a substandard level of care from NHS staff and/or facilities, with the negligence resulting in a delay in treating current illness or injury, or in some cases even leading toa new illness or injury.

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If you have received medical care from the NHS and believe that you may have suffered from an act of medical negligence, it is recommended that you get in contact with a trusted medical negligence solicitor who can help advise you on the process involved with suing the NHS for negligence. Here at Hampson Hughes Solicitors, we have a wealth of experience in the representation of medical negligence claims, including against the NHS.

Should you wish to know more about our legal services in the field of medical negligence compensation claims, you are welcome to get in touch with us today to discuss any questions you may have. Whether you are looking to enquire about how to sue the NHS, or wish to discuss any other aspect of NHS claims, one of our medical negligence lawyers will be able to offer expert legal advice. You can also obtain further information on the process of making a claim against the NHS by selecting the questions to the right of this section.

  • What issues can I sue the NHS for negligence over?

    When it comes to making a medical negligence claim against the NHS, many people are unsure of exactly what issues or situations may qualify for a possible claim. While each situation is unique and carries an individual set of circumstances, there are a range of key areas which are often cited in NHS negligence claims, including:

    • Staff neglect (leading to issues such as pressure sores)
    • Errors during surgery
    • Delayed medical treatment
    • Misdiagnosis (ie. fractures, cancer)
    • Infections acquired in an NHS medical facility (including MRSA)
    • A&E negligence

    While these are many of the key list claim issues, there may be a claim area not listed here, so whatever medical negligence you may have suffered while under NHS care, it is worth getting in touch with us for legal advice. To receive more information on making a medical negligence claim against the NHS, you can get in touch with our clinical negligence team and speak to one of our medical negligence solicitors via a free initial consultation.

  • Is there a time limit on suing the NHS?

    When it comes to time limits with regards to making a negligence claim against the NHS, standard medical negligence legal rules apply, which are that:

    • the medical negligence being claimed for must have occurred within the past 3 years; or
    • the medical negligence was suffered before the age of 18, and the injured party has not yet reached the age of 21

    There may be exceptions to the above legal rules including:

    If the patient lacks capacity to deal with their claim then the time may be extended to bring their claim;

    Your 3 years may be counted from the date upon you first became aware that you had suffered injury as a result of medical negligence

    It is therefore exceptionally important that you contact us for advice without delay if you believe you have been injured as a result of medical negligence.  These standard limits of three years from the medical negligence occurring, or three years from the victim reaching the age of 18, are clearly defined for medical negligence claims in the UK, including all compensation claims against the NHS. There may be occasional cases where mitigating factors are in place, but the best way to determine whether you have a legitimate claim with regards to time limits is to contact our medical negligence team today and speak to one of our medical negligence lawyers about the details of your case.

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

    Some of our clients have worried that 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:

    – a hospital negligence claim does not affect your entitlement to any ongoing medical care you require

    • as medical professionals with a duty of care, no doctor, nurse or surgeon can refuse you care on this basis
    • if you don’t feel comfortable receiving ongoing treatment in the specific hospital, we can advise on a transfer

    We understand that this can be a difficult situation for many, so if you are considering a medical negligence claim against the NHS, we can offer a range of support to ensure that you are able to find help in continuing your medical care in the setting that suits you best. For more information on this, you can get in touch with our clinical negligence team and discuss the details of your claim and current medical treatment with our medical negligence solicitors.

  • 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?

    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. who can also determine if the treatment you received was below expected standards, and the ways in which the NHS negligence has impacted your life.

    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.

    Once all of the key evidence with regards to your negligence claim against the NHS has been collected, it will be reviewed by our expert medical negligence solicitors, at which point we’ll be able to advise you further on your current legal situation, as well as the best course of action for your compensation claim going forward.

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What our customers are saying…

I would like to say huge thanks for all staff from Hampson Hughes Solicitors for the Services which I received during my claim. I highly recommended to others and consider to use again in future if need it. You very professional and polite and helpful.

Piotr Operacz

Fantastic service, the attention to all the details was super impressive. They kept me updated throughout the whole process and got my case solved really quickly. I can't recommend them highly enough!

Stephen McNorton

Great service from start to finish. My solicitor was always happy to explain what was happening and in the end, he got me more compensation than what the insurance company were going to offer me. Glad I used them to look after my claim and I've just had my cheque earlier than expected today!!

Pete Smith

Why use Hampson Hughes

At Hampson Hughes Solicitors we believe that if you have been injured in an accident that wasn’t your fault you deserve access to legal support. Our objective is to ensure we recover the maximum amount of personal injury compensation you deserve. We can help secure access to expert rehabilitation services to ensure that you have the quickest recovery possible. We can ensure you are compensated for any losses you may have suffered, from out of pocket expenses to loss of enjoyment and loss of earnings as a result of your personal injury.

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Each case will have its own individual elements to consider, but the general process for pursuing a compensation claim with Hampson Hughes involves the following steps.

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Should we advise your claim is worth pursuing, and you choose our services, we will begin claim preparation.

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Medical Records

We will help you to access and obtain all of the required medical evidence in support of your compensation claim.

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Once we have submitted the claim to the defendant, we can begin negotiations on reaching a settlement.

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Should no settlement be reached, your claim will proceed to court with a view to obtaining a favourable settlement.

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Should your claim be successful and compensation be awarded, you should receive it within 14-28 days.

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