Key takeaways:
- You may be entitled to compensation if you have suffered harm due to medical negligence by the NHS.
- Claiming for medical negligence requires proof of duty of care, breach, and causation.
- Common claims include misdiagnosis, surgical mistakes, and prescription errors.
- The first step is usually to make a complaint to the NHS within 12 months of the incident.
- Legally making a medical negligence claim must happen within three years of knowledge of the negligence (different rules apply for children).
- Compensation can cover pain and suffering, lost earnings, treatment costs, and future care needs.
- Most claims are funded on a “no win, no fee” basis, meaning no upfront legal costs.
If you have suffered harm due to the actions or omissions of an NHS organisation or healthcare professional, claiming for medical negligence might be within your rights.
Medical negligence occurs when the care provided by healthcare professionals is deemed to be negligent or below the standard reasonably expected, and directly results in physical injury, mental suffering, or undue distress. This can happen in several ways, including mistakes made during surgery, misdiagnosis, or prescription errors.
The purpose of making a medical negligence claim is to seek compensation that aims to restore you, as far as possible, to the position you would have been in had the negligence not occurred.
Holding medical professionals and institutions accountable is essential not only for allowing people to get compensation, but also to help prevent similar incidents from happening again.
Claiming Medical Negligence: Establishing a Claim
To succeed in making a medical negligence claim, the following elements must be proven:
- Duty of Care: The healthcare provider owed you a duty of care.
- Breach of Duty: That duty was breached.
- Causation: The breach directly caused you harm.
While the duty of care is usually clear, establishing breach and causation can be more complex. Most medical procedures inherently carry risks, and adverse outcomes do not always indicate negligence. You must show that the practitioner’s conduct fell below the standard expected of a reasonably competent professional in that field.
Expert evidence is often required to assess whether the care provided was substandard and whether this directly caused the harm suffered. Once you’ve covered all these points, you should have a good idea of whether claiming for medical negligence is an option you can pursue.
What Are The Most Expensive Types of Medical Negligence Claims?
The most expensive types of medical negligence claims, according to the NHS Resolution 2023/24 report, include:
- Emergency medicine – 13.3%
- Obstetrics (Non-Early Notification) – This category refers to claims involving injuries to the mother or the baby during pregnancy, labour, delivery, or after birth, such as cerebral palsy or brain damage, and accounts for 11.6% of claims.
- Orthopaedic surgery – 10.8%
- General surgery – 5.9%
- Gynaecology – 5.7%
How to Start a Medical Negligence Claim?
The first step you could consider before claiming medical negligence in court is going through the NHS complaints procedure. This allows the healthcare provider to investigate the matter internally and may lead to early resolution.
- How to complain: You can submit a formal written complaint to the health board or speak informally to staff.
- Time limit: Complaints must be made within 12 months of the incident or the time you became aware of it to allow for a thorough investigation.
- What to include: Clearly explain what happened and why you believe it was negligent.
The outcome of the NHS investigation may provide valuable insight and evidence for any legal route you take to making a medical negligence claim.
You can also seek legal advice at any stage: before, during, or after making a complaint. A solicitor can help you understand your options for claiming medical negligence, and may even submit a formal letter of claim on your behalf.
When talking to the solicitor, try and go into as much detail with them as possible, so that they can advise you on what the best next step is. This could include them making a formal letter of claim to the health board on your behalf.
Whether claiming for medical negligence yourself, or instructing a solicitor, we recommend that you start the process as soon as possible after the negligence happened or you obtained knowledge of the negligence.
If you choose to pursue a legal claim we recommend instructing a solicitor experienced in clinical negligence.
Your solicitor team will then obtain relevant documentation and medical records relating to the care you received, as well as a detailed statement.
We will request copies of medical records and GP notes from the hospitals. Once received, our specialists will thoroughly review them in order to identify the specific incidences of substandard treatment that resulted in injury or loss, and the potential defendants and disciplines involved.
Medical evidence will likely need to be obtained to establish the necessary legal tests, as outlined above, namely:
- Proving that the defendant has breached the duty of care which you are owed/acted negligently;
- Assessing the extent of any harm you have suffered as a result of that breach; and,
- Considering your anticipated recovery, prognosis and any potential ongoing care needs.
Each aspect will be assessed in turn, meaning once supportive evidence from an expert has been obtained confirming that the treatment you received was negligent, we will then consider the extent of any harm suffered, before finally assessing your current position and ongoing requirements.
Time Limits for Legally Making a Medical Negligence Claim
While complaints must be made within 12 months, legally claiming for medical negligence is subject to a three-year limitation period from the date of knowledge of the negligence. For children, the three-year period begins on their 18th birthday.
Claiming for Medical Negligence: Funding Your Claim
At Howells, we offer representation under a Conditional Fee Agreement (CFA), commonly known as a “no win, no fee” arrangement.
Calculating Compensation for Your Claim
It is often challenging for any amount of compensation to fully compensate for pain and suffering. However, it can often assist in improving your circumstances and quality of life.
You could be awarded financial compensation to assist with all out-of-pocket expenses, loss of earnings, and any potential private treatment costs you require to put things right. It can also cover rehabilitation costs and money towards any problems you may encounter as a result of your injury in the future.
When a claim for medical negligence is successful and the parties agree on a settlement figure, the claimant will be awarded compensation. This financial compensation is typically made up of two parts:
- General Damages – Compensation for your pain, suffering and impact upon your day-to-day life. How much you receive will depend on the Judicial Studies Board Guidelines and past awards made in similar cases.
- Special Damages – These include funds for any financial losses, whether in the past or the future, which have been incurred as a result of the negligence. In order for this to be calculated, we will seek to obtain supportive expert opinion, alongside evidence and documentary proof from you to support any claim.
Claiming Medical Negligence, with Howells
If you or a loved one has suffered physical or mental harm as a result of medical negligence, you may be entitled to claim compensation for your losses and suffering.
However, claiming medical negligence can be daunting and stressful, especially when you are already coping with the consequences of your injury.
We have a proven track record of successfully handling complex and challenging medical negligence cases. These have involved brain injuries, spinal injuries, birth injuries, surgical errors, misdiagnosis, delayed diagnosis, and more. We have helped thousands of clients with various claims to obtain justice and compensation for their suffering and losses.
If you’re researching how to claim for medical negligence against the NHS, contact us to discuss your options. Our experienced team of medical negligence solicitors is here to guide you through the process with clarity and compassion.
