NHS Negligence Claims are a rare, but vital part of the process that holds our national healthcare system accountable and safe. The NHS is envied by many other countries all over the world, but, unfortunately, accidents do happen.

It can be very demoralising to suffer because of the negligence of professionals that are supposed to keep you safe and healthy.

Our NHS Negligence Solicitors are specialised in medical negligence claims involving NHS staff or facilities. Contact us today to assess your case with the experts at Sheldon Davidson Solicitors.

What is NHS Negligence?

Although cases of medical negligence while in the care of an NHS facility or staff is rare, mistakes and accidents can still happen. Many situations may cause your medical condition to worsen, or, in some cases, you may suffer an injury because of negligent treatment.

You may be able to make a NHS compensation claim for cases such as:

If you have suffered because of NHS staff breaching their Duty of Care towards you, or exhibiting negligent behaviour, you may be entitled to make a NHS Negligence Claims. As with all medical negligence cases, seeking the support of a specialist solicitor team is the first step. Sheldon Davidson Solicitors have been supporting claimants all over the UK for many years, ensuring victims of NHS Negligence receive the compensation they deserve to get back on their feet and fully recover from their injuries.

Can I make a Medical Negligence against the NHS?

While being treated by the NHS, it is reasonable to expect an excellent level of medical care, regardless of the complexity or extent of your healthcare needs. If you believe the care you have received has fallen below the standard you should expect from the NHS, you may be entitled to make a NHS Negligence Claim.

You will have to prove that the professional in charge of your care has not met a reasonable standard of care. We will help you collect evidence to support your case, such as medical records, photographic evidence, witness statements, or financial statements.

When moving forward with a NHS Negligence Claim, there are two main arguments you will use to prove your pain and suffering were a 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.

You may have suffered from either or both negligence and causation. Because of the way the NHS governing body works, it is important to seek a competent and experienced team of NHS Negligence Solicitors to help support your case and explore your options. Sheldon Davidson Solicitors have years of experience in helping claimants obtain the compensation they deserve. Contact us today to assess your case.

Do I have a time limit to make a 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:

Child Personal Injury Claims

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.

Mental Incapacity

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,

Fatal Claims

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 medical 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 a 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 a 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 Us

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