Am I Eligible To Make a Claim Against NHS?
April 12, 2019
The NHS is the biggest public healthcare service in the world and performs hundreds of procedures each year without issue. However, whether down to human error or negligence, mistakes can sometimes occur. These mistakes, in short, can put you and your family at risk. Which begs the question: are you eligible to make a claim against the NHS?
To find out, this guide will help to explain whether you are eligible.
Grounds to Make a Claim Against the NHS
To be able to sue NHS, your complaint must fulfil a certain number of criteria which can help to establish the validity of your claim. One of the most common of these is clinical negligence for both physical and mental health care. Generally, doctors strive to achieve the best level of care for their patients. However, there are instances where there is evidence of NHS negligence during a hospital stay or procedure.
For example, you can claim against the NHS when a surgical procedure goes wrong. Additionally, if you contract an illness or your condition worsens while under NHS care. You also have grounds to claim if a delay in diagnosis of a critical condition puts your life in danger.
Your claim must fall into one of two categories in this instance:
- Measuring your doctor’s actions against the acceptable methods of clinical practice to establish if they make the right decisions.
- You must prove that your worsening condition links to an absence of care by a medical health professional.
You should also be able to determine how much compensation you may need due to financial loss and the extent of your damages for NHS negligence payouts. If your case fulfils this criterion, then you are able to make a claim against the NHS.
Who can Make a Claim?
Anyone receiving by the NHS (be it GP surgery or hospital) can make a claim against NHS service. If the NHS is still treating you, you are able to make a claim while:
- also continuing treatment under the same branch and;
- the same level of service as before your claim was made.
To establish whether your NHS claim is valid and whether you are eligible, you should contact a legal professional to discuss any concerns you may have over your eligibility and future care. You can also make an NHS negligence claim on behalf of a relative who has died at the fault of NHS services.
Common Causes for Claims
With claims now costing the NHS £1.4 billion, the common causes for claims include many different aspects. These include surgical error, such as the performance of the wrong surgery or on the wrong surgical site,
Also, if there has been a delayed diagnosis of life-threatening medical conditions and instances such as strokes and heart attacks. Additionally, there’s prescribing an incorrect medicine, or a delay or complete failure to treat illnesses efficiently. These can also include hospital infections, failure to explain the risks of a procedure and loss of test results.
Anyone can make a claim against the NHS, in truth. With the right advice and evidence, there’s different instances in which you can make a claim against the NHS. Accordingly, you should consider immediately if you believe negligent behaviour has been conducted against you or family members.