By Stephen Hudson. Last Updated 8th October 2024. When you go to your GP, a hospital or any other medical professional, you hope to receive treatment that will make you better. However, if you were to suffer harm due to a medical professional failing to provide you with the correct standard of care, you may be able to make a medical negligence claim.
This guide on NHS negligence claims will aim to answer any questions you may have about the process. We start by looking at the potential grounds of who can make a medical negligence claim and then we move on to discuss the timeframe in which a case must be brought. The evidence needed to support a claim is also covered.
Finally, we look at how an NHS compensation payout is calculated and how one of our expert medical negligence solicitors can help you on a No Win No Fee basis.
To talk about medical negligence payouts in the UK you can contact one of our advisors by:
- Calling us on 0800 073 8804.
- Contact us online.
- Engaging with the live chat function on your screen.
To learn more about NHS compensation payouts, please keep reading. You can also watch our video which gives you the key points from the guide:
Select a Section
- Who Could Make NHS Negligence Claims?
- Examples Of Medical Negligence
- How Long Do I Have To Start An NHS Negligence Claim?
- What Evidence Do I Need To Support My Claim?
- How Medical Negligence Compensation Is Calculated
- Could I Work With A No Win No Fee Solicitor For NHS Negligence Claims?
Who Could Make NHS Negligence Claims?
Certain eligibility criteria need to be met in order to claim a payout for medical negligence. You must be able to prove that:
- You were owed a duty of care by a medical professional.
- This duty was breached.
- You suffered avoidable harm as a result. Together, this is known as medical negligence.
All medical professionals owe their patients a duty of care, regardless of if they work in a hospital, GP or dental surgery. Per their duty of care, they must provide you with the minimum standard of care when treating you as their patient. If you suffer unnecessary harm because they breach this duty, you might be eligible to make a compensation claim.
Evidence that you meet the eligibility requirements is needed to support hospital negligence claims. Payouts may not be awarded if you cannot prove that medical negligence occurred.
However, it is also important to note that not all harm suffered in a medical setting is eligible for compensation. If the medical professional provides a level of care that met the correct standards, but you still experienced harm, you might not be eligible to make a medical negligence claim.
If you have any questions about compensation payouts for medical negligence claims, please contact one of the advisors from our team.
Examples Of Medical Negligence
Examples of medical negligence may include:
- The pharmacist dispensing your medication at the wrong dosage leading to avoidable organ damage.
- A nurse failing to provide you with proper aftercare instructions following cosmetic surgery resulting in an infection and scarring.
- An operation may have gone wrong because adequate medical notes were not kept. This could result in wrong-site surgery, causing you to need another operation.
- Inadequate hygiene at the dentist causing an infection.
- A doctor prescribing medication that you have a known allergy to causing a reaction.
Call our advisors if you suffered unnecessarily because a medical professional breached their duty of care. They can assess the chances of your claim successfully recovering compensation for free.
How Long Do I Have To Start An NHS Negligence Claim?
If you’ve been injured due to medical negligence payouts in the UK can generally only be claimed if you start a claim within 3 years of the incident. This is stated in the Limitation Act 1980. Alternatively, you could use the date you became aware of your injuries as the start date of your time limit, if this is later than the accident date. This is known as the date of knowledge, but it must be supported by evidence, such as your medical records.
Your time limit could be suspended if the claim is on behalf of a child. Anyone under the age of 18 cannot represent themselves in legal proceedings. A litigation friend must be appointed to do so. The time limit for such a claim is suspended until the child reaches the age of 18. Then, as with other claims, the 3-year time limit begins. This is also the date that the injured child (now an adult) can claim for themselves.
A litigation friend must also be appointed should a claim be made for someone with reduced mental capacity. As with child claims, the time limit is also suspended. However, it will begin from the date the claimant recovers to the point of being to make their own claim. Should this never occur, then the time limit remains suspended.
Get in touch if you have any questions regarding your claim. Our advisors can even provide you with examples of medical negligence payouts in the UK.
What Evidence Do I Need To Support My Claim?
A crucial part of the medical negligence claims process is ensuring you have the right evidence to support your claim. Evidence can be beneficial to a number of areas within your claim. For example, the right evidence can help establish how the negligence occurred, who is responsible, and how severely you were affected.
Some examples of evidence that you could use to prove your claim include:
- Medical records: Your medical records show the treatment you have received and details of medications you have been prescribed.
- Witness statements: Taking the contact details of potential witnesses, such as a chaperone at an appointment, means that their statements can be taken at a later date.
- Symptoms diary: Keeping a symptoms diary of how your condition has worsened, or any new symptoms that may have appeared, as a result of the harm you experienced.
Your case may also be put to the Bolam test. In this case, the actions taken by your doctor will be reviewed by a panel of specialists in that field, and they will review whether or not the standard of care you received was of the correct level.
If you choose to work with a solicitor, they can help you find further relevant evidence. To find out if you could be eligible to pursue a medical negligence claim for an NHS compensation payout, contact our advisors.
How Medical Negligence Compensation Is Calculated
Let’s take a look at some potential NHS compensation payouts in cases where medical negligence is proven.
Those eligible to claim against an NHS healthcare provider for medical negligence may seek an NHS compensation payouts guide to help them understand how much their case is worth. Compensation for medical negligence can comprise of general damages and special damages.
General damages cover the pain and suffering caused by the injuries and/or illnesses you’ve experienced due to medical negligence. Those who value a medical negligence claim for general damages may check a document which is called the Judicial College Guidelines (JCG). It contains compensation brackets for many kinds of injuries and illnesses, including many which could be part of a medical negligence case.
Some of the compensation brackets from the JCG are in the table below, which can be viewed for guidance purposes. The table’s first entry is not based on the JCG.
Compensation Table
| Injury Type | Compensation Amount |
|---|---|
| Multiple Severe Injuries/Illnesses And Special Damages | Up to £1,000,000+ |
| Kidney (a) | £206,730 to £256,780 |
| Kidney (b) | Up to £78,080 |
| Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (i) | £117,150 to £219,400 |
| Reproductive System: Female (a) | £140,210 to £207,260 |
| Reproductive System: Male (a) | In excess of £187,790 |
| Chest Injury (a) | £122,850 to £183,190 |
| Lung Disease (a) | £122,850 to £165,860 |
| Psychiatric Damage Generally - Moderately Severe | £23,270 to £66,920 |
| Psychiatric Damage Generally - Moderate | £7,150 to £23,270 |
Your medical negligence compensation could potentially also include special damages, which cover financial losses or expenses directly related to the harm that the negligence has caused. Examples of what special damages could cover when claiming for medical negligence include:
- Loss of earnings if you’ve had to take unpaid time off work due to an injury or illness caused by medical negligence.
- The cost of certain treatments or medications you’ve required following an incident caused by medical negligence.
- Travel expenses paid towards attending medical appointments related to the negligence that harmed you. Examples may include train tickets and taxi fares.
You’ll need evidence to claim special damages such as the examples listed above. This could include certain documents like receipts, bank statements or wage slips.
To learn more about how much your medical negligence claim could be worth if you have a strong case, then contact our team of advisors for free today.
Could I Work With A No Win No Fee Solicitor For NHS Negligence Claims?
If you are considering working with a lawyer to help you claim a medical negligence payout, you might benefit from hiring them under a Conditional Fee Agreement which is a type of No Win No Fee Agreement. Typically, a No Win No Fee lawyer will not ask for a payment upfront whilst ongoing costs are also usually covered.
A lawyer who works under this agreement will not expect you to pay them for their work if your claim is not successful. Should you successfully claim compensation, they’ll deduct a success fee from your award that is legally capped as per the Conditional Fee Agreements Order 2013.
Our expert No Win No Fee lawyers could help you settle your claim. Using their experience, they’ll be able to gather evidence on your behalf and cover all bases of your claim. Furthermore, they can address any questions you may have, such as, ‘what is the average payout for medical negligence in the UK?’
To find out more, you can get in touch with our advisors at any time. They’ll assess your case free of charge. They can also go through examples of hospital negligence claims payouts before connecting you with a specialist lawyer.
Below are some ways you can contact our friendly team:
- Complete an online claim form
- Call our 24/7 free advice line on 0800 073 8804
- Pop up to an advisor using our free online chat service
Helpful links
Citizens Advice website on NHS complaints and legal action
This link takes you to the Citizens Advice website. There, you will find information on taking legal action against the NHS for clinical negligence.
Citizens Advice website on NHS Hospital Complaints
This link is helpful because it provides advice on NHS hospital complaints. This includes what you should do if a relative has died because of a medical accident.
How To Start a Medical Negligence Claim?
This takes you to our guide on medical negligence claims. This contains information on the different types of medical negligence claims..
Misdiagnosis Compensation Claims
This link takes you to our guide on misdiagnosis claims, including details on the types of clinical negligence, why medical misdiagnoses occur, and who misdiagnosis claims are against.
How to make a complaint about an NHS service?
This link takes you to the NHS page on how to make a complaint about an NHS service, including the NHS complaints procedure compensation, time limits and what you should do first.
This guide will explore medical negligence that occurred in a hospital and the compensation you could receive for any further or avoidable harm you suffered.
Read this guide to find out about seeking compensation for negligence following a botched tummy tuck.
If you still have any questions about medical negligence claims, you can contact Legal Expert today using the contact details highlighted within this guide.
