NHS Negligence Solicitors for Compensation Claims Against The NHS
Are you looking for a solicitor to assist you with an NHS Negligence Claim? Our expert NHS Negligence Solicitors will help you get the justice you deserve.
The work of NHS staff is loved and appreciated, but mistakes do happen and it is important to hold to account those responsible for the damages caused. If you have suffered from preventable illness, pain or suffering as a result of substandard medical care you may be entitled to compensation.
Talk to a specialist NHS Negligence Solicitor today.
What is NHS negligence?
"NHS negligence" refers to situations where a healthcare provider within the UK's National Health Service (NHS) fails to provide the standard of care that a patient is entitled to, resulting in harm or injury to the patient.
While NHS negligence can occur, it is relatively rare in comparison to the number of patient interactions that occur on a daily basis in the NHS, which is one of the largest healthcare systems in the world.
According to NHS Resolution, the authority that handles such claims on behalf of the NHS in England, over the 2020-2021 reporting year, there were approximately 11,682 medical (clinical) and non-medical negligence claims reported. To put this into perspective, during a typical year, the NHS has millions of patient interactions - ranging from GP visits to surgeries and other hospital treatments.
It's important to note that even when a claim is made, it does not necessarily mean that negligence occurred. A claim can be made whenever a patient believes they've suffered harm due to the actions of a healthcare professional, but whether negligence actually occurred is a complex legal question that often requires significant investigation and potentially a court decision.
That's where we can help. Our NHS Negligence Solicitors can assist you in making compensation claims for cases such as:
- Delayed diagnosis or misdiagnosis
- Surgical errors
- Prescription and Medication errors
- Anaesthesiology negligence
- Birth Injuries
It is vital to seek the help of an experienced NHS Negligence Solicitor as your first step towards gaining justice. At Sheldon Davidson Solicitors, we can help fight your corner to help you get the compensation to deserve to get back on your feet and fully recover from your injuries.
Can I make a medical negligence claim against the NHS?
Negligence claims against the NHS are a vital legal remedy for rare instances where someone has suffered due to a lack of medical attention. When you are being looked after by NHS staff, you expect an excellent level of care, regardless of the complexity of your medical needs.
To successfully make an NHS Negligence Claim, you will need to prove that the professional in charge of looking after you failed to meet the standard required. This requires you to prove that they were both at fault for your injuries, and that this was avoidable harm.
The experts at Sheldon Davidson Solicitors will help you collect evidence to support your case, such as medical records, photographic evidence, witness statements, or financial statements.
When moving forward with an NHS Negligence Claim, there are two main arguments you will use to prove your pain and suffering were a direct consequence of a substandard level of medical care:
- Negligence can be established by proving the medical professional you were being treated by has performed their duties below a reasonable standard of care.
- Causation is the direct connection between an act of medical negligence and the pain, suffering, and loss of amenity you are claiming for.
It is important to consult an expert NHS Negligence Solicitor to help build your argument, whether you have suffered from negligence or causation. The team at Sheldon Davidson Solicitors are highly knowledgeable in this complex area, having helped claimants secure financial compensation for medical negligence since 1997. For a free initial consultation about a potential NHS Negligence Claim, contact us today so that we can assist you in your case, whatever the circumstances.
Do I have a time limit to make an NHS Negligence Claim?
For NHS Negligence Claims within England and Wales, there are time limits which will likely apply to you. In most cases, you will need to start legal proceedings within 3 years from the date of the accident or the Date of Knowledge. The latter is the date you have found your injuries and suffering to be directly related to the negligent treatment, and this may be a later date than the actual event.
There are, however, some cases which may benefit from an extended time limit or an exemption. These include:
When a child suffers from medical negligence while in the care of NHS staff, the 3-year time limit will be calculated from their 18th birthday.
People considered not to have mental capacity as defined by the Mental Health Act 1983 will not be subject to the 3-year time limitation until they are granted mental capacity, and cease to be mental health patients,
The 3 year limit on NHS Negligence Claims will be considered from the date of death in cases where the victim has unfortunately passed away. Should the negligence be proved to be the cause of death by a post-mortem, you will be able to bring a claim on behalf of the deceased within 3 years from the death of knowledge.
There are many circumstances that could affect the time limit for your NHS Negligence Claim. It is important to talk to an expert Negligence Solicitor to understand your options moving forward.
NHS Negligence No Win No Fee Solicitors
After assessing your case, we will discuss your options with you. If we believe your NHS Negligence Claim is strong, we can offer to represent you on a No Win No Fee basis. This arrangement is also known as a Conditional Fee Agreement (CFA).
Instructing one of our medical negligence solicitors under a CFA means that you will not be liable for any upfront costs, and you will have no fee to pay if your case is unsuccessful.
Our fee will be deducted from your compensation amount if you are successful in your claim. The law limits this deduction, known as a Success Fee, to be 25% of the compensation for your Pain, Suffering, and Loss of Amenity (PSLA). Other charges may apply to a successful NHS Negligence Claim, but you can always be guaranteed that these will be discussed ahead of legal proceedings. Total transparency of the process is a priority for our team.
Note that you may still be liable to pay the other party, or their insurer, for disbursements. We always advise claimants to obtain insurance cover against this, as it can protect you from expenses which may be outside of your control.
Can I make an NHS Negligence Claim against a hospital?
Hospitals are one of the primary institutions people seek medical care from. The span of medical services offered by hospitals means a wide range of patients will rely on hospital staff for both routine, regular treatments and emergency medical attention following an accident.
Public hospitals will usually be run by the NHS, so most hospital negligence claims will involve the National Health Service to some extent.
You will be able to make a compensation claim against the NHS and the hospital where you have received treatment if it can be proven the staff has fallen below the standard of care of the governing body - in this case, the NHS itself.
You should always keep an updated record of all relevant information related to your negligent treatment. This should include dates and times of treatments, details of medical staff in charge of your care, medical records, and paperwork related to your complaint to the governing body.
Will my claim affect the NHS?
The NHS takes care of millions of patients every year, and most will receive a great standard of care. When accidents happen, or the medical staff that owed you a Duty of Care is in breach of it, NHS Negligence Claims can make sure they are held accountable.
The importance of NHS Negligence Claims lies in the pursuit of a higher standard of care for others who may be victims of similar incidents in the future. When a complaint is raised, the NHS will be incentivised to look into their protocols, and ensure similar events will not be taking place again.
Making a claim against the NHS can also support you financially through your recovery. As with all medical negligence claims, the outcome is for you to be put in a position that is similar to having the accident not happen at all, and this can vary greatly in terms of amounts depending on the circumstances of your case.
Being the victim of medical negligence can have life-altering effects, and it is vital to seek the compensation you deserve to get you back on your feet.
What can I include in an NHS Negligence Claim?
NHS Medical Claims can include a variety of factors. Including all consequences and losses related to the negligence treatment you have received is vital, as your compensation amounts should help you get your life back on track following such a traumatic event.
Damages you can claim for include:
- Pain and Suffering
- Cost of corrective and additional treatment
- Loss of earning, past and future
- Cost of home or vehicle adaptations
- Compensation for psychological damages
Any loss, damage, or financial cost you have incurred as a direct result of the negligent treatment you have received can be included in your claim. Any piece of evidence that connects your loss to the accident can be incredibly helpful during your claim, including medical records, receipts, and correspondence with the medical staff.
Contact Our NHS Negligence Solicitors
Established in Manchester in 1997, we are a leading specialist medical negligence law firm acting for claimants throughout the whole of England & Wales.
Our NHS Negligence Lawyers, act regularly for clients across the Greater Manchester community including Ashton, Bury, Bolton, Radcliffe, Prestwich, Middleton, Failsworth, Rochdale, Oldham, and Whitefield.
We can support your needs wherever you live in Wales, England & Northern Ireland.
We specialise in No Win No Fee Claims, so call us for free now using the number at the top of the page or complete the online contact form and a member of our team will get back to you.
Sheldon Davidson Solicitors are a Lexcel accredited medical negligence and personal injury law firm. The Lexcel standard is only awarded by the Law Society to firms who meet the highest standards of practice management and customer service.
With Sheldon Davidson's Medical Negligence Solicitors in Manchester, you can be confident that your claim is in safe hands.