How to sue the NHS is a popular question. Suing the NHS for negligence is very common, a lot more common than you may think. The NHS was a trusted institution with over 80 years of excellent service. Unfortunately, negligence happens, and when it happens to you, you deserve compensation.
Suing the NHS for negligence is a straightforward process, and with the right medical negligence solicitor, you will win your compensation claim. A quick look at suing the NHS for negligence, how and why, will help put your case together.
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Suing the NHS for Negligence
Each year there are between 8,000 and 9,000 successful medical negligence claims against the NHS. Sometimes, when people want to sue the NHS for medical negligence, they feel uncomfortable.
We trust in and use the NHS daily and do not expect negligence. It happens, though, and the NHS has a dedicated team to handle medical negligence compensation claims, called NHS resolution.
NHS Resolution (formerly the NHS litigation authority) has a responsibility to treat patients who are claiming compensation fairly. Patients pay for the NHS through their taxes, and for that they deserve respect and the best medical treatment.
Using a No Win No Fee Medical Negligence Solicitor
Using a No Win No Fee Medical Negligence Solicitor when suing the NHS for medical negligence is sound advice. A No Win No Fee medical negligence solicitor can assist you with all aspects of the case and guide you to winning the compensation you deserve.
A No Win No Fee medical negligence solicitor will not charge you a fee if you do not win the case.
At the Medical Negligence Team, we have a 100% Compensation Guarantee policy where you get all the compensation money awarded to you in the case.
You are the one who suffered the negligent medical treatment, and you deserve all the compensation you receive.
Why sue the NHS for Medical Negligence?
You sue the NHS for medical negligence claims (also known as clinical negligence claims) to get compensation for the injury, suffering and loss of earnings due to the poor medical treatment.
If you have experienced physical, mental or financial hardship due to any form of NHS negligence you may be entitled to start claiming compensation.
People also sue the NHS to spotlight errors, stopping other people from going through what they have experienced.
Compensation for the difference between two outcomes
Compensation for the difference between two outcomes is why patients sue the NHS. When a medical procedure goes according to plan, everyone is happy. If the outcome differs from what is expected, it can be due to medical negligence.
Claiming compensation compensates you for the difference between the two outcomes. Outcome one is what would have happened had there not been any negligence. Outcome two is what actually happened as a result of medical negligence.
Same procedure, different outcomes, and you seek compensation for the losses you suffer due to outcome two.
You are due compensation
You are due compensation for the NHS negligence, as the difference between the two outcomes will cost you in time, suffering and money.
A compensation claim will seek to reward you for the difference between the two outcomes due to medical negligence.
What can you claim for when suing for medical negligence?
You can claim compensation for any damages arising from the negligence of a medical professional.
There are two types of compensation damages due when suing the NHS for negligence: general damages and special damages.
General Damages Vs Special Damages
General damages are when you sue for the pain, suffering and the loss of amenity, PSLA, you have experienced due to negligence.
Special damages include loss of earnings, future care costs, and out-of-pocket expenses.
Be sure to keep payslips, receipts and proof of any losses you experience as a result of the medical negligence.
How to sue the NHS for Medical Negligence
To sue the NHS for medical negligence, you follow a few simple steps. If you have the procedure right from the start, your claim for clinical negligence will go quickly and smoothly. Employing the best medical negligence solicitors along with the correct medical advice will get you the compensation you deserve for any suffering caused.
Knowing the steps involved when suing the NHS for medical negligence
Knowing the steps involved when suing the NHS for negligence is a key part of the process. When you follow them correctly and get all the facts and figures together, your medical negligence solicitors will do the rest. They will review the documentation and notes to deter if a medical professional has been behaving negligently.
Seek medical advice on the injuries you have suffered or are suffering with, immediately you realise you experienced NHS negligence.
Contact a medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at your case, see where the problem lies, and advise if you suffered NHS medical negligence.
A No Win No Fee solicitor operates a policy where you do not pay any fees when a case Is not successful. The Medical Negligence Team also has a 100% Compensation Guarantee scheme, where you get all the money awarded in an NHS negligence claim.
You are the one who suffered clinical negligence, and you should get all the money due for the suffering.
Your medical negligence solicitor obtains your medical records with your permission. By reading your records, they will confirm if they think you have a valid medical negligence case.
The medical negligence team will know from reading your medical records if the case will result in medical negligence compensation being paid.
The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit clinical negligence in what is known as ‘sending a letter of claim.’
When the negligent party receives the letter of claim, it has up to four months to provide a written response.
Getting a response from the negligent party’s insurer will move your compensation claim closer to a conclusion.
The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘denying liability’ in legal terms.
If they admit liability, your NHS negligence claim can be valued.
The two parties will meet to decide on the medical negligence compensation payment due to you. Your solicitor will negotiate with the negligent party and use their experience to get what you deserve.
Issuing court proceedings is the next step if they deny liability in your NHS medical negligence case. Going to court happens too when they are not prepared to pay a fair amount for the injuries you have suffered.
Your medical negligence solicitor issues the court proceedings. Remember that less than 1% of cases end up in court.
How much will I get from my claim?
You can be compensated any amount from around £1,000 to over £10M, depending on the circumstances, for your claim. The lower amounts cover minor injuries and discomfort, while higher amounts deal with catastrophic claims, including the need for long-term care.
The amount awarded depends on the extent of the general damages and any special damages.
General damages deal with the physical aspects of the claim, such as scarring, pain and suffering. Special damages such as loss or earnings and future care requirements are added on top.
Special damages can often be much more than the general damages as they can be for life, if ongoing care is required.
Examples of NHS negligence
Examples of NHS negligence highlight what is possible with each type of claim. You will get money for your claim when you are the victim of NHS negligence. The compensation amounts vary, and every claim is unique.
A few examples include:
Negligence during routine surgery
Negligence during routine surgery happens a lot in the NHS.
If you go into hospital for a gallbladder to be removed, cholecystectomy, it would be done using keyhole or laparoscopic surgery. If the surgeon cut through your bile duct by mistake during the operation, everything would change.
They will have to open you up, to reconnect the bile duct, known as hepaticojejunostomy Roux-en-Y, a far more serious and invasive procedure. The surgery will also leave you with unsightly and unnecessary scarring. You will need a longer recovery time and stay a few days in hospital.
Not going home that evening, as was the plan before the NHS medical negligence.
The general damages for negligent gallbladder surgery can typically be in the region of £35,000. You would also claim for special damages as you’ll have loss of earnings from the extended stay in hospital. Future liver function test requirements will impact your quality of life and require you to take time off work.
Having a stoma due to negligent abdominal injury
Having a stoma due to negligent abdominal injury is classified under general damages. If the need for the stoma is temporary, when the damage is reversed, the general damages would range from £44,000 to £69,000.
If you require the stoma for life, you could obtain damages of up to £150,000. The amount you receive depends on your age and circumstances.
Birth injury claims
Birth injury claims can sometimes go as high as £10M or above. The results of clinical negligence due to birth injury can last for life and have a catastrophic impact on the family and the child involved.
The general damages in birth injury claims can quickly reach £1m and more. When the special damages due to long-term care and the financial impact on the parent are added, the claim amount often exceeds the £10M mark.
Contact us at the Medical Negligence Team if you need to sue the NHS. People sue the NHS when they suffer medical negligence at their hospital. Claim amounts start at £1000 and go to over £10M in some cases.
Always use No Win No Fee medical negligence solicitors. At the Medical Negligence Team we operate a 100% Compensation Guarantee, along with the No Win No Fee policy, so you will get every penny of the money awarded.
We are very successful at what we do so you will receive all the compensation money very quickly.
Contact the Medical Negligence Team today for all your medical negligence needs.