NHS Negligence Compensation Claims

NHS negligence claims

In general terms, clinical or medical negligence is when a patient suffers serious injury because of sub-standard care from an employee of the NHS. This includes GPs, midwives, surgeons, consultants and other healthcare providers.

If you have suffered injury, you may be able to claim compensation if it can be shown on the balance of probably that your care fell below acceptable standards and this was the direct cause of your injury.

Claiming compensation from the NHS

You may be able to claim compensation from the NHS if medical staff:

• Misdiagnosed your condition or made the wrong diagnosis
• Made a mistake during a procedure or operation
• Gave you the wrong drug
• Did not get your informed consent for treatment
• Failed to warn you about the risks of a particular treatment.

Medical negligence also includes failings in maternity care that results in injury to a baby or mother pre and post-natal and during labour.

NHS medical negligence statistics

In 2018/19 there were nearly 10,700 clinical negligence claims reported to NHS England, a decrease from the highest number of clinical claims of almost 12,000 in 2013/14.

The NHS agrees the highest amount of compensation in birth injury claims. 

NHS Resolution, the legal arm of the NHS, publishes annual reports providing information on clinical negligence claims against the NHS in England.

How can I claim against the NHS?

You do not have to follow the NHS complaints procedure before beginning legal action, but it can be useful. If you are considering pursuing a clinical negligence claim against the NHS, you should contact a specialist medical negligence solicitor for advice. They will explain if they think you have a claim for compensation and what it will involve.

Find out more about suing the NHS here.

How much compensation can I claim for NHS negligence?

The amount of compensation you can claim against the NHS depends on the seriousness of your injury. 

Compensation is there to help you bet back to the same position you were in had you not suffered negligence and may fund further operations, rehabilitation and ongoing therapies. 

By claiming compensation, you can also help highlight substandard medical care or procedures that can improve future care and reduce the risk of similar negligence happening to someone else.

Claiming compensation from the NHS is not intended to punish individual practitioners although the Trust responsible for the healthcare provider may apologies for substandard care.

How much will it cost me to claim compensation against the NHS?

We run our cases on a no win no fee agreement, also known as a Conditional Fee Agreement. This means you do not pay anything if your claim is not successful. When your claim succeeds, your lawyer's fees are paid by the defendant. 

Successful NHS negligence cases

Medical negligence lawyers at Fieldfisher are experts at what they do and have years of experience in running negligence claims. They are also sympathetic and will be there to support you through the process. 

You can read about our successful medical negligence cases on behalf of clients here.