How Much Compensation for NHS Negligence?

The NHS is one of the best healthcare systems in the world. Its staff and medical professionals usually maintain a very high standard of care when dealing with patients. However, there are times when this standard falls below what is acceptable and is considered negligence. If you have been a victim of NHS negligence and suffered harm as a result, you may be entitled to a claim for NHS compensation.

WHAT IS NHS NEGLIGENCE?

NHS negligence is a term that describes when a patient has sustained an injury, illness or their condition has been made worse while under the care of medical professionals at the NHS. Examples of NHS negligence include:·

• Failing to warn a patient about the risks of a procedure;
• Failing to seek patient consent;
• Administering the wrong medication;
• Misdiagnosing a condition;
• Surgical Negligence

If you have been injured as a result of NHS negligence, you may be wondering how much your NHS claim could be worth. While this is difficult to determine, it is an important consideration; you need to know whether suing the NHS and seeking compensation is the right call for you. Before our specialist NHS solicitors can give you an idea on what to expect, they must be able to determine the nature of the negligent treatment as well as its impact on your life.

Usually, compensation payments for medical negligence claims are made up of two parts:

General Damages: General damages compensate for the physical impact of the negligent treatment, as well as the pain and suffering you have endured. In this case, the nature and severity of your injury as well as its long-term impact will determine how much compensation you will be awarded.

Special Damages: Special damages compensate for the financial losses you have incurred as a result of NHS negligence. It covers the cost of out of pocket expenses such as cost of your medical care from the date of injury, loss of earnings and travel costs (medical appointments for your injury).

TIME LIMITS FOR MAKING NHS NEGLIGENCE CLAIMS FOR COMPENSATION

To increase your chance of success, it is important that you seek advice from specialist NHS solicitors as soon as you suspect you have suffered an injury due to medical negligence .

There is a strict three-year time limit which begins from the date of your injury or the date it is linked to medical negligence. But proving NHS negligence is always easier when investigation and evidence gathering can be done right away.

The average duration for the resolution of medical negligence claims is usually between 15 and 18 months, so start today by contacting us for legal advice against the NHS. Our solicitors will arrange for a free, no obligation consultation to determine whether you can make a claim.

NHS Complaints Procedure Compensation Guide

The NHS has a comprehensive complaints procedure which allows patients who believe they have received poor medical care to formally express their concerns.

Making a Complaint at the NHS

If you are unhappy about the standard of care you received at the NHS, you have the right to make a NHS Claim. The first step should be to make an informal complaint by speaking directly to the medical professional or management responsible for the care or treatment your received. You can lodge a formal complaint if this is unsuccessful.

Making an Informal Complaint – What is PALS?

A Patient Advice and Liaison Service (PALS) is typically the first port of call when it comes to making an informal complaint about an NHS service. PALS is usually based in the local hospital where you received treatment and offer confidential advice and support. If they cannot resolve the issue, they will advice you on the process involved in lodging a formal complaint.

Making a Formal Complaint

If you are still dissatisfied or PALS cannot help with your concern, you can make a formal complaint. Every NHS service has a comprehensive complaints procedure, which can be found in the building where you received the medical care. You can also find details online or from members of staff. A formal complaint can be made verbally (speaking to the NHS service responsible for your care), in writing or via an email. But if your complaint is about primary care services, contact NHS England.

Who Can Make a Complaint?

Anyone who has been affected by negligent treatment while under NHS care can make an official complaint about the NHS. This also includes patients who received treatment in private hospitals funded by the NHS. You can make a claim against the NHS on behalf of a patient who has suffered injury due to Medical Negligence, so long as you have the patient’s consent.

What Can I Complain About?

An NHS complaint can be made based on a broad range of reasons. Some of the main complaints include:

• Incorrect diagnosis/treatment
• Delayed diagnosis/treatment
• Misconduct of an NHS staff
• Failed medical equipment
• Discrimination and confidentiality issues
• Negligence leading to injury

What Happens After You Have Made a Complaint?

The NHS Complaints Procedure Compensation typically requires an acknowledgement of a complaint to be made within 14 days, but you will usually receive the acknowledgement within 3 days. The amount of time taken to respond to your complaint will largely depend on the nature of your concern and the investigations required to provide a comprehensive response. The letter of acknowledgement will indicate how long it will take for investigation to be made into your concern and when you can expect an outcome.

Making a Compensation Claim After a Complaint

If the NHS admits liability after investigating your complaint, you may be entitled to a compensation claim. For a successful medical negligence claims, you must be able to prove that there was a breach of duty (the medical professional is liable) and causation (you suffered harm as a direct result of the medical professional’s actions). Thus, making a complaint can be very useful if you are considering starting a claim. Even if you do not receive any apologies or no admission of liability is made, a complaint can help your Medical Negligence Solicitors when evaluating different aspects of your case.

How Do I Make a Claim Against the NHS? NHS Medical Negligence Claims

Medical professionals at the NHS have a duty of care to their patients; they must provide vital healthcare services to every patient under their care. While this is usually the case, they sometimes fail in those obligations, causing injury, and these actions may constitute medical negligence. If you have suffered harm as a result of medical negligence by a healthcare professional at an NHS organization, you may be entitled to make a claim for compensation.

What Can I Do If I Think I Have Suffered NHS Negligence?

If you have experienced medical care of substandard quality while under NHS care, there are a number of options available to you. The first step is to let the hospital management know about your case. In many cases, most medical negligence victims are satisfied with an apology and assurance that there will be no repeat of such poor treatment in future.

If you are unable to reach a resolution, you can lodge a formal complaint through the NHS complaints procedure. You reserve the right to be heard and for your case to undergo thorough investigation. NHS Choices provides guidelines for those seeking to lodge formal complaints against the NHS. Your medical negligence solicitors can also support you through the process.

If you are unsatisfied with the way your complaint is handled, you can take your case to the Parliamentary and Health Service Ombudsman.

Keep in mind, however, that lodging a formal complaint is not necessarily a prerequisite for starting a claim, but it is often wise to do so. Using the official complaints procedure can force the NHS Trust to provide clarity on circumstances surrounding the medical care you received and establish whether there was negligence. With this information, your solicitor can decide whether making a claim would be in your best interest.

What is the NHS Negligence Process?

Medical negligence claims against the NHS can be tricky to prove, and you will need expert legal advice to determine whether you have a case. So, if you are considering an NHS negligence claim, the first step is to contact Medical Negligence Direct.

Our specialist solicitors will discuss with you to learn about details of your case. If they believe your case has a strong chance of success, we will assign a specialist NHS negligence solicitor to walk you through the process.

How Can I Prove My Claim Against the NHS?

It is your duty, as an injured patient, to prove that the NHS was negligent and that its negligence caused you harm. Thus, expert medical opinion will represent the most significant part of your evidence. Depending on the complexity of your case, two or more healthcare professionals with specialist knowledge in the relevant medical field may provide reports that will be used to prove negligence and causation.

Following these investigations, your solicitor will be more certain of your chances and let you know whether you have a strong claim.

How Can We Help?

For NHS negligence claims to be successful, you must be able to establish that the injury you suffered was a direct consequence of negligent care you received at the NHS. Proving medical negligence can be a long and complex process, but you can rest assured our experienced panel of solicitors will help. You can trust us to provide the advice and support you need to go through the process in a stress-free manner, and assist you in winning your claim against the NHS.