The NHS provides an indispensable and excellent service to millions of people every year, but unfortunately, mistakes do happen. If you’ve suffered as a result of negligent treatment from NHS staff, you may be wondering whether you can sue the NHS for medical negligence.
In short, the answer is yes – you can sue the NHS for medical negligence, as long as you’re able to prove that they failed to meet a reasonable standard of care, and that this failure directly caused you harm or injury.
Proving that you’ve experienced medical negligence may sound daunting, but we have experts here at the Medical Law Partnership who can help you gather the evidence you need and take care of all the legal complexities on your behalf, so you can relax and focus on your recovery.
Think you’ve got a claim? Get in touch with our team today – we’ll listen, explain your options, and support you with compassion and honesty.
Can you sue the NHS for medical negligence?
Yes, you can sue the NHS for medical negligence. However, it’s important to note that you will be suing the specific NHS Trust or practice responsible for your care, rather than the NHS as a whole – and, very importantly, this will not have any implications for any medical care you receive in the future.
To sue an NHS Trust, you’ll need to prove that the treatment you received fell below the acceptable standard of care and that you suffered harm or injury as a result.
This involves proving three key elements:
- A duty of care was owed
- That duty of care was breached
- The breach directly caused your injury or condition
1. Duty of care
Establishing that there was a duty of care is typically very straightforward to prove because all medical professionals owe a duty of care to their patients. Legally, they must provide care that meets a reasonable standard of competence.
2. Breach of duty
The next step is proving that a breach of duty occurred – in other words, that the treatment you received did not meet the standards expected of a reasonably competent healthcare professional.
To assess whether an NHS healthcare professional has breached their duty of care, the Bolam test is typically used. This involves comparing the actions of the NHS professionals who treated you to how a panel of responsible medical professionals would act in similar circumstances. It’s essentially a peer review system used to determine if the medical professional’s actions were acceptable and reasonable.
If the care or treatment you received did not meet this benchmark, this is proof that the NHS Trust breached their duty of care.
3. Causation
Once it’s been proven that a breach of duty occurred, the next step is to demonstrate causation. This means proving that your injury or condition was caused by medical negligence, rather than any other factors.
You’ll need to provide clear, convincing evidence that links the substandard care you received to the harm you or your loved one has suffered. You’ll typically need medical records, expert reports, and other evidence to support your claim.
Gathering this evidence on your own can be difficult, which is where solicitors specialising in medical negligence come in, gathering the evidence needed for your claim on your behalf.
Find out more in our blog: How Do You Prove Medical Negligence?
Examples of NHS medical negligence that you might be able to claim for
There are lots of types of medical negligence that you may be able to claim for. Some of the most common reasons that people sue the NHS for negligence include:
- Surgical errors: Such as not following hygiene protocols, accidentally damaging organs, or operating on the wrong body part.
- Medication errors: Such as being prescribed the wrong medication, being given the wrong dosage, or delays in receiving medication.
- Delayed diagnosis or misdiagnosis: Such as failing to notice the signs of cancer or infections such as sepsis, where delays can result in severe complications, preventable suffering, and even death.
- Problems with childbirth or maternity care: Such as causing skull fractures or nerve damage due to use of excessive force or delays in performing an emergency caesarean.
While these are the most common types of claims we see brought against NHS Trusts, the Medical Law Partnership can help with any type of medical negligence claim – get in touch to discuss your experience with a member of our team.
How to sue the NHS for medical negligence
If you’d like to start the process of suing an NHS Trust for negligence, the first step is to get in touch with a trusted medical negligence solicitor.
At the Medical Law Partnership, we’ll take the time to really listen to your experience, treating you with the compassion and dignity you deserve. We’ll review all the details to determine whether you have a case before talking you through the next steps without using any complex jargon.
If you decide to go ahead with your claim, we’ll handle all the complex legal stuff on your behalf, so you can focus on your recovery or being there for your loved one. And, with our no-win, no-fee approach, you won’t pay a thing if your claim is unsuccessful, so there’s no need to worry about the financial side of things.
If you’re ready to get the ball rolling, you can start your medical negligence claim online today.
Suing the NHS for negligence: FAQs
Is there a time limit on making a claim against the NHS?
Yes, there are strict time limits when making a medical negligence claim in England and Wales. You’ll have three years from the date the incident took place, or from the date you became aware of the negligence, to start a claim. However, there are exemptions for those under the age of 18 or those lacking mental capacity.
How much compensation will I receive when suing the NHS?
Every case is different, which means it’s impossible to say exactly how much compensation you will receive. The amount will depend on various factors, such as the severity of the harm and its impact on your life. You’ll generally receive a payment for the pain and suffering caused and another payment to cover any financial losses, including loss of earnings, care and assistance costs, and medical treatment costs.
Will claiming against the NHS affect my current treatment?
No, claiming against the NHS will not affect your current treatment. You will only be suing the specific NHS Trust rather than the NHS as a whole, and your rights as an NHS patient won’t be affected.
Is it ethical to sue the NHS?
One of the biggest concerns people have when suing the NHS is whether or not it’s ethical to do so. The thing to remember is that you won’t be suing the NHS as a whole, just the specific Trust responsible for your care, so you won’t be putting any strain on the NHS or its resources. NHS claims are dealt with via a government body known as NHS Resolution, and any compensation comes from the NHS Resolution’s pot, not the Trust’s direct budget.
Claiming compensation from the NHS will not only help you regain your previous quality of life, but also help to uncover errors, which can lead to positive change and help prevent harm to other patients.
Do the NHS settle out of court?
In most cases, if the NHS accepts liability for your injury, your claim will be settled out of court. It’s possible but rare for NHS negligence claims to go to trial.Start your claim with the Medical Law Partnership today.