Sue the NHS for Medical Negligence | Claim Against NHS

There is no doubt that the NHS does an excellent job of helping us get through our health problems. However, there are times when things do not go according to plan and a patient may suffer harm in the process. If you or your loved one have suffered an injury while receiving medical care at the NHS, you may be entitled to pursue NHS negligence claims.

CAN YOU SUE THE NHS FOR NEGLIGENCE? Yes, you can. If you have been injured during a routine check-up, surgery, or while treatment for an illness or undertaking a medical procedure, you may be able to sue the NHS. You could also make a claims against NHS if you are the next of kin of someone:

• Who has died as a result of negligence
• Who lack capacity to make medical negligence claims

Suing the NHS does not necessarily mean that you must use the NHS complaints procedure compensation, but this process may be useful if you want to learn more about what happened to you or your loved one. The NHS complaints procedure can help you make a more informed decision about whether to go ahead with the claim against NHS.

TIME LIMITS FOR SUING THE NHS

As is the case with any medical negligence claim, there are time limits for claimants seeking compensation from the NHS. Claimants must start their medical negligence claims within three years from when the negligent act happened or when they first became aware that their injury was a result of negligence. Read more about to medical negligence claims time limit.

If the claim is made on behalf of someone who lacks the mental capacity to independently manage their affairs, the 3-year time limit does not apply. It does not also apply if the victim of negligence is a child or is deceased. It is best to seek specialist advice as soon as you have knowledge of the negligent act so you do not leave it late.

GOING TO A MEDICAL NEGLIGENCE SOLICITOR

If you are considering suing the NHS, you should seek specialist legal advice from medical negligence solicitors as soon as possible. The solicitors will assess your case and determine whether it is strong enough for a claim. To achieve this, they will need as much information as is available. Thus, it will go a long way if you keep records of every relevant element of the medical care you received — including the paperwork you got if you went through the NHS complaints procedure.

If you have had to settle any expenses related to the illness or injury you suffered due to negligence, make sure you keep a record. Your solicitor will decide if your chance of success is strong enough and will give you an idea of how much you might be able to claim.