NHS Medical Neligence Claims

Suing The NHS For Negligence

The NHS is currently the world’s fifth biggest employer, with over 1.5m staff. NHS medical staff have a duty of care to patients, and if they fail in those obligations, causing harm, their actions may constitute medical negligence.

If you have suffered due to NHS negligence, you may wish to pursue a claim for compensation. Been Let Down, medical negligence Solicitors, have a robust track record of providing trusted advice in the field of medical negligence.

How do I begin an NHS negligence claim?

To commence a claim for NHS negligence with Been Let Down, the first step is an initial telephone consultation. The aim of this is to allow us to identify the specifics of your claim and its chance of success. If we believe what happened in your case was negligence and there is sufficient time remaining within the 3-year time limitation period for medical negligence claims, we will advise you have a valid claim for compensation. If you wish to proceed, the next stage will be to (with your consent) request and review your medical records to prove an act of negligence occurred.

Acts of negligence

For a claim against the NHS to be successful, we need to establish a medical professional has either done something, or failed to do something, which no reasonably competent medical professional would have done in the same circumstance; we will seek an expert medical opinion to prove that this is the case. In addition, we must also show that the negligence caused the identifiable harm. This can be challenging in a case whereby the patient had existing injury or illness, as it needs to be proven that the negligence has worsened the pre-existing situation.

There are many acts which qualify as negligent, including the following:

  • Clinical misdiagnosis
  • Death of a loved one due to negligence
  • Unsuccessful surgery due to negligence
  • Injury due to malpractice
  • Incorrect amputation

What does a claim cost?

If we determine that your claim can be pursued, then in most cases we offer a Conditional Fee Agreement (CFA), which is more commonly known as a ‘No Win No Fee’ claim. This means we will not charge you at any stage, and we will recover our legal costs and disbursements from the opponent if you are successful with the claim.

Not only does this arrangement demonstrate we believe you have a strong case, but it also protects you financially.

If you wish to know more about how we can assist you, please contact one of our experienced team of NHS negligence Solicitors by calling 0800 234 3234. Alternatively, you can request a call-back for a suitable time, or complete our online claims form.

Evidence is essential

When you first contact us to discuss your potential claim, we will gather complete details of your case and any evidence required to investigate your claim. During this process, we will request (with your written consent) copies of your medical records, which will be handled in the strictest confidence.

The facts matter

Most importantly, with the guidance of a panel of expert medical and health professionals, we will look at the NHS standard of care that you should have received and compare it to what actually occurred. In doing so, we will look in depth at how the doctor or consultant overseeing your care may have committed errors and how these caused the damage or injury you sustained.

Each claim is different

Just as each patient is different, so is every claim. We take on a wide range of cases, from the very simple to the most complex, so settlement times can vary a great deal. Rest assured that no matter how long it takes, we will do everything possible to bring your case to a conclusion as soon as is possible. At all times, we will act in your best interests and keep you informed.

Get in touch with us now for help and support if you feel that you have been badly let down by NHS professionals due to negligence in treatment, surgery, or lack of care.

NHS Complaints Procedure and PALS

The PALS complaints procedure does not award financial compensation for your injuries. You should be aware that if you decide to instigate a medical negligence claim, you cannot request that PALS investigate a complaint.

It is advisable to consider submitting a complaint to PALS before you pursue a medical negligence claim however it is our view that this should be done with the assistance of your legal advisor so that you are confident that you do not take any steps that may prejudice any claim for compensation. Whilst we don’t act in a complaints forum on behalf of our clients, as part of our service, we can work with you when you lodge any complaint to ensure your interests are protected. The outcome of the investigation may result in you finding out about what happened and whether anyone was at fault for causing your injuries. Once the investigation has been completed, you can then proceed with a medical negligence claim.

The main aims of the PALS procedure is to provide:

  • Confidential advice and support to patients, families and their carers;
  • Information on the NHS and health related matters;
  • Confidential assistance in resolving problems and concerns quickly;
  • Information on and how to get more involved in their own healthcare;
  • A focal point for feedback from patients to inform service departments;
  • An early warning system for NHS trusts, Primary care trusts and patient and Public Involvement forums by monitoring trends and gaps in services and reporting these to the trust management for action;

I understand the NHS has a Complaints Procedure. Should I be concerned the Complaints Service will be biased towards its own staff and medical practitioners?

The NHS complaints procedure Patient Advice and Liaison Services (PALS) exists to investigate complaints made by patients. PALS exists in all NHS trusts to ensure any complaints of poor treatment are managed and dealt with. This includes keeping dissatisfied patients up to date with proceedings, issuing an apology and an explanation of what happened in their case, and ultimately ensuring such a lapse does not reoccur.

The complaints procedure charter does not allow the medical practitioner to be disciplined or dismissed, however, it may result in recommendations being made to the medical practitioner on how they can improve their skills, or patient care etc. PALS will consider the processes in place for providing care and treatment, and if poor practice is identified (e.g. lack of equipment, inadequate training, or poor communication methods) which is responsible for the medical practitioner’s error, PALS may intervene and recommend how the problems can be avoided.

There have been instances of a PALS investigation discovering fundamental errors in NHS practice and procedure, which has led to a wider investigation. Such investigations have, in turn, led to a medical practitioner being brought before his/her regulatory body, such as the General Medical Council GMC or Nursing and Midwifery Council, for breach of conduct.

Let us help

Many of us are treated by the NHS on a regular basis and never experience anything other than excellent medical treatment and care. However, occasionally things can and do go wrong. If it does, we can step in to help you obtain compensation.

It is important to know you do not have to be admitted to hospital to make a compensation claim, for example, you may have suffered due to a mistake by a GP, or during an outpatient appointment.

If you have been injured or suffered as the result of the NHS not administering treatment in accordance with its own standards, you may be able to make a claim against them for compensation due to negligence on their part.

Our Medical Negligence Solicitors have the knowledge and experience to put the most robust case forward to obtain the maximum amount of compensation possible for you.

Contact us today

Get in touch now and find out how we can help with your case for NHS compensation.

Please call us on 0800 234 3234 or contact us and a member of our legal team will call you back.

0800 234 3234 OR 0151 321 1000