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Can I Sue The NHS Without A Solicitor For Medical Negligence?

Last Updated On 3rd December 2024. In the UK, the majority of us turn to the National Health Service (NHS) whenever we require medical treatment for an illness or injury. However, there may be instances where mistakes and errors occasionally happen. This guide looks at when you could be eligible to sue the NHS and answers the question “Can I sue the NHS without a solicitor?” should you experience avoidable harm after receiving substandard care. 

We list the benefits of having a solicitor represent you if you are looking to claim compensation and how working with them under No Win No Fee terms can mean avoiding upfront fees for their services.

We also define medical negligence and when a medical negligence claim is eligible. Furthermore, we provide examples of some different types of medical negligence that a solicitor could help you claim for. 

To find out more about claiming compensation for medical negligence, you can reach out to our team of advisors for free. They may connect you with one of our No Win No Fee medical negligence solicitors if you have an eligible claim. You can speak with an advisor at any time via one of the following:

A medical negligence solicitor working on a case.

Jump To A Section

  1. Can I Sue The NHS Without A Solicitor?
  2. How Can A Solicitor Help Me Sue The NHS?
  3. Could I Sue The NHS With A No Win No Fee Solicitor?
  4. How Could I Claim For Medical Negligence?
  5. Why Choose Legal Expert To Claim Compensation?
  6. Find Out More About Clinical Negligence Claims

Can I Sue The NHS Without A Solicitor?

If you have an eligible medical negligence claim, you are not required to instruct a solicitor to help you. Instead, you could sue the NHS without a solicitor. 

However, if you want to claim compensation, we strongly recommend that you instruct a specialist medical negligence solicitor to help you. This is because solicitors have legal expertise of the claims process and can ensure your case runs smoothly.

The NHS negligence claims process can also be complex so having a solicitor help and work with you can be beneficial. 

How Can A Solicitor Help Me Sue The NHS?

Having answered the question, “Can I sue the NHS without a solicitor?” it might benefit you to know what exactly a solicitor can provide during your claim. As we said above, there is no legal requirement to instruct a claim representative, although it will definitely be to your advantage.

Some of the services a solicitor could provide can include:

  • Sending correspondence to the defendant, their representatives and any expert witnesses who may be called upon.
  • Helping to gather evidence of the avoidable harm caused to you.
  • Collecting witness statements from relevant persons.
  • Valuing both the physical and mental harm caused to you and your financial losses.
  • Helping to explain any jargon or complex procedures you may encounter.
  • Negotiating with the defendant’s representatives to get you a fair settlement.

Legal Expert’s dedicated medical negligence solicitors can provide all this and more if you choose to begin your claim with us. So, if you were wondering how to sue the NHS without a solicitor, why not talk to our advisors first, and find out how our solicitors could help you when making a claim. Our team are available 24 hours a day using the contact information given below.

Could I Sue The NHS With A No Win No Fee Solicitor?

Our specialist medical negligence solicitors work on a No Win No Fee basis. So, if our advisors connect you, one of our solicitors could offer you a Conditional Fee Agreement (CFA). 

A CFA would benefit you as you would receive your solicitor’s services without having to pay upfront or ongoing fees for their work. You will also not be charged for their work if your medical negligence claim is unsuccessful. 

If your claim is successful, your solicitor can charge a success fee. Success fees are a percentage of your compensation. However, the law caps the maximum percentage that solicitors can charge.

To discuss the question ‘Can I sue the NHS without a solicitor?’ and to learn how a solicitor could benefit you if you do instruct legal representation, please get in touch on the number above.

How Could I Claim For Medical Negligence?

All medical professionals, including those within the NHS, owe a duty of care to every patient they treat. This duty of care requires delivering the correct standard of care. 

Medical negligence occurs when a medical professional deviates from their professional standards of care, and a patient suffers avoidable harm (harm that could have been prevented) as a result.

If a medical professional delivers a standard of care that does not meet what is minimally required from them, but a patient suffers no avoidable harm from this, then this is not medical negligence. 

As per above, you must show that you have met these criteria in order to have valid grounds to make a medical negligence claim against the NHS:

  • A medical professional owed you a duty of care. 
  • The medical professional breached their duty. 
  • Because of this, you have suffered avoidable harm. 

Speak with our advisors to see whether you might be able to claim compensation. 

Three surgeons operating on a patient.

What Different Types Of Medical Negligence Claims Could A Solicitor Handle?

Here are a few examples of medical negligence claims that an expert solicitor could handle:

  • Prescription errors by a pharmacy. For instance, if a pharmacist accidentally mislabels your prescription, you could receive the wrong medication that you are allergic to. An allergic reaction to medication can lead to anaphylaxis.
  • Surgical errors. For instance, if pre-surgical procedures were not carried out correctly, wrong-site surgery could occur involving the wrong part of the body being operated on. This is known as a never event. 
  • Missed diagnosis and delayed treatment. For instance, your GP fails to listen to you correctly about the symptoms you’re exhibiting. As a result, they misdiagnose you without sending you for further tests. Your condition becomes worse, and you require more extensive treatment later on.

Medical negligence can occur in many ways. So, to discuss your specific circumstances with us, get in touch today. 

Why Choose Legal Expert To Claim Compensation?

If you get in touch with our team, they can provide a free case assessment during an initial consultation. If they find your case is valid and establishes medical negligence, they could put you in touch with one of our expert No Win No Fee medical negligence solicitors.

There is no obligation to proceed with our services. Instead, an advisor can simply answer any questions you have regarding making a compensation claim, including ‘Can I sue the NHS without a solicitor?’ and the steps you may need to take if you choose not to seek legal representation.

For more information about anything mentioned in our guide, or to discuss your specific case, please get in touch with an advisor using the contact details below:

An advisor helping a claimant with the question 'Can I sue the NHS without a solicitor?'.

Find Out More About Clinical Negligence Claims

Here are a handful of our similar guides:

These external pages might also help you:

  • NHS – Learn how to complain about an NHS service you have received care under.
  • Royal College of Nursing (RCN) – What duty of care is required from nurses.
  • General Medical Council (GMC) – What good medical practice is required from doctors.

We hope to have answered your questions, such as “Can I sue the NHS without a solicitor?”. If you need any other guidance, please get in touch using the contact details provided above.