Can I sue the NHS for Medical Negligence?
September 14, 2020
The simple answer to the question above is “Yes.” But whenever someone tends to ask “Can I sue the NHS,” we always advise caution, qualification and discretion. Because at The Medical Negligence Experts, there’s a bigger question that comes with that line of questioning…
Do you have a winnable case if you sue the NHS for negligent treatment?
In this article, we’re going to put on the shoes of the NHS Resolution department, which handles negligence cases from the NHS side of the matter. We’ll also give you a bit of perspective on where we’re coming from with each case we pursue. That way, you’ll come away with legal advice that’s better qualified and puts you in a position to make a smart decision as to whether you even want to sue the NHS.
A statement about caution for Can I Sue the NHS considerations
Yes, we are cautious, because what we don’t want to waste the time and effort of either you, our team of lawyers and the NHS. Speaking openly, we believe that the NHS is a triumph in nature in the first place. Every hour, the NHS is treating everything from birth to A&E injuries to medical accidents to dental issues.
Moreover, this public-funded service provides a certain modicum of care that is the envy of other healthcare systems worldwide.
In fact, some victims of medical negligence weigh these very thoughts whenever a medical professional fails in their ability to deliver quality care. Which, in turn, is why our collaborative medical negligence solicitors believe so strongly on investigating your claim before they proceed.
Qualifying your clinical negligence claims
Indeed: this isn’t what you might expect from a brand dedicated to suing the NHS and other private medical practices.
But we look at it differently in the first place because we have the experience to do so. We recognise that in order to handle conditional fee agreements and make an NHS negligence claim, we have to respect the service in the first place.
To us, that means it’s important to understand:
- The level of care and treatment you received, in actuality;
- If the injuries or illnesses you endure are a direct cause of a healthcare professional’s negligence;
- Moreover, if treatment from a like-for-like facility might differ from what you actually got. In addition, would it mean that you would not endure an injury as a result?
By qualification, research, and giving your medical accident it’s due diligence within the constraints and time limits to make a claim, we give you the best shot at success. And if it looks as if it’s not going to be winning claim, the ability to walk away and save yourself the time.
Can I sue the NHS? Why not file a complaint instead
Moreover, we will also consider your goals in approaching the NHS. This is especially important to understand from our point of view, because many people don’t want others to suffer as they do. Also, if a No Win No Fee lawyer won’t take on your case, complaints can deliver:
- an acknowledgement from the NHS to do better;
- Face no legal costs (you don’t need a lawyer for a complaint);
- Change their practices to offer better medical treatment moving forward;
- Ensure no one suffers as you do.
Everyone’s busy: including the NHS
What we want to avoid are clients that are going to waste time and resources. As our lawyers employ a No Win, No Fee claims agreement to clients, they inherently need to believe in your case. Therefore, they don’t need any money upfront because of that belief and trust: to fund your claim, they know something’s coming their way on the back end.
Accordingly, we’re judicious in the cases we take. Not only of the law firms that The Medical Negligence Experts work with but the NHS lawyers that are already busy. In fact, NHS Resolution is a department of the healthcare service dedicated solely to handling claims and the NHS complaints procedure by patients for medical negligence.
Try this on for size: this department is so busy that they feel compelled to settle 98% of their claims out of court altogether. Now, tack on videoconference facilities to meet the needs of patients. In addition, throw in a pandemic that’s currently without a cure, while simultaneously hindering the ability to facilitate nearly as many in-person visits as once thought normal.
Are you sure you have a claim? We’ll help you figure it out
Our approach may sound rigid, but we don’t use it merely to keep false claims at bay.
In short, some prospective claimants aren’t always sure if they even have a sound negligence claim in the first place. Some have to muster the courage, in fact, to approach our collaborative legal experts. They might merely be exploring if a medical negligence claim is a sound move.
And with a loss of lifestyle due to injury or illness from the negligence, the truth might bear out that it’s worth it. We’ve pursued general and special damages for people that
- miss work because of the injury;
- Endure a loss of earnings because of employment changes
- Incur unexpected expenses to handle treatment;
- Need to alter their living arrangements;
- Rely on family members who take time off work to care for you.
Remember: go with a No Win, No Fee claims service
Conditional Fee Arrangements or ‘no-win-no-fee’ claims are the way to go for any medical negligence claims.
Yes, we’re definitely biased on the matter when it comes to No Win No Fee. But we also think that money upfront to pursue a claim is a bad approach and the way of a firm that doesn’t truly believe you can win.
No Win No Fee claims, moreover, are how the vast majority of medical negligence claims occur to begin with. The advantages of this system are that the claimant only pays minimal (or in our case, no) fees upfront. Particularly:
- if the case needs any special investigation, and;
- because you don’t need to pay the other parties’ legal fees should your claim be unsuccessful.
You’re also able to keep the majority of your compensation. For instance, our network of medical negligence solicitors will charge a fee of around 20%.
There’s also another major benefit of the Conditional Fee Arrangement (CFA). It ensures the solicitor that takes your case believes it will win, and they will receive their fee. Consequently, the claimant won’t pay upfront fees they wouldn’t ever hope to recoup if their claim loses in court.