NHS hospitals generally provide an undeniable level of care towards their patients. However, if you believe you or a family member has been the recipient of infirmary negligence while using NHS services, then you may be eligible to make a claim against the NHS and claiming compensation. This guide will help to explain the basics of hospital negligence and what you can do to make a claim when negligence occurs.
What Hospital Negligence Issues Are There?
Hospital negligence is defined as any ill practice against you or a loved one endures while under the care of NHS hospitals. Specifically, avoidable actions, or negligence, that hospital employees carry out leading to an unnecessary injury or illness. You cannot claim against any GP practitioners or individual surgeons. Medical negligence claims can vary, but the most common causes include:
- unknowledgeable staff or staff without proper qualifications;
- unsanitary facilities;
- wholly unprofessional medical treatment;
- a lack of staff and;
- out-of-date or broken equipment.
These factors can then cause poor health effects such as:
- worsening of an illness;
- the transmission of infections, or;
- an injury on hospital premises.
Sue the NHS with Medical Negligence Claims Solicitors
Suffer injury at the hands of the NHS medical treatment facilities and medical professionals? If so, NHS Negligence Claims Solicitors are at your disposal to sue the NHS.
Indeed, it may feel like the decision to sue the NHS would seem sacrilege. In fact, it leads the world as a beacon in sensible public healthcare. Moreover, it’s the oldest system of its kind in the world and one that other countries want to emulate. Given that the NHS treats millions every year, it’s impressive to know most patients receive a high standard of care.
Unfortunately, mistakes do happen though and, when they do, The Medical Negligence Experts are here to help you obtain compensation.
The NHS, in short, provides an excellent standard of health care to everyone, not only those who can afford it. In essence, the NHS is there when you:
- sprain your ankle;
- need a prescription;
- suffer negligence treatment causing a long-term birth injury (as a mother or a baby)**;
- need emergency dental treatment or;
- find yourself suffering from a life-threatening illness.
People trust it to take care of them from conception to death.
However, a growing population and budget constraints have stretched it further than it can comfortably go. It is not fair that you should have to suffer physically or financially because of someone else’s error. If you experience illness, injury or bereavement through medical negligence at the hands of the NHS, we can help.
Contact The Medical Negligence Experts today to speak to an expert medical negligence solicitor about suing the NHS.
What Evidence Do You Need?
You, the claimant, will need to provide the necessary evidence for the claim.
- You’ll need to prove that the care fell below the standards of NHS healthcare.
- Moreover, you must provide evidence of how much worse off you are due to the malpractice of medical employees.
- Additionally, you must provide proof that the NHS did commit a breach of care that brought harm to you*, or;
- That you, in fact, suffer from a financial loss as a result of their actions.
Above all, you can definitively prove most claims through your medical records. Additionally, two tests – the Bolitho and the Bolam – will compare your care with that of other practitioners and normal standards.
Time Limits to Make a Claim
There are, indeed, specific time limits to making a claim, let alone a successful one. You must raise the claim within three years of the date of the negligence. Or, three years from when your injury links directly with your negligent medical care.
How Do You Make a Claim?
You should bring a claim against the NHS no more than three years after the incident. It’s best to make a complaint first before you sue the NHS. You can make a complaint through the NHS Hospital Trust or primary care practice where the treatment took place.
If you are not happy with the response you receive, you can make a complaint to the Parliamentary and Health Service Ombudsman.
To further your claim, you should contact a lawyer and solicitor first to discuss your case. In turn, they’ll be able to advise you on
- whether your case is strong enough to take on, and;
- the kind of evidence you may need to provide.
They can then guide you as to the process of gaining compensation, which costs the NHS more every year. However, most claims against the NHS find a resolution without going to court. Ergo, it’s highly unlikely that a legal battle will ensue after you make your claim.
Hospital negligence claims can be distressing for the claimant. However, in most cases, a lengthy legal battle is unnecessary. Instead, if you are looking to make a hospital negligence claim, you should discuss your options with a lawyer as this will help to establish whether you are eligible to make a claim.
No Win, No Fee Agreements
The NHS has its own body, called the NHS Litigation Authority, for managing payment requests. We do recommend that you instruct a No Win No Fee solicitor to take on your case and challenge the NHS. Going alone, in contrast, without the assistance of a knowledgeable lawyer can result in costly legal fees.
But a No Win No Fee basis turns everything on its head when it comes to hospital negligence claims. You get sound, capable legal representation without the burden of prohibitive initial legal costs just to file a claim. It also gives you the security of knowing that when you sue for medical negligence:
- your personal injury solicitor will work their hardest to ensure you receive maximum compensation;
- moreover, they receive no money unless they achieve a successful outcome for you.
Here at The Medical Negligence Experts, we’re of the mind that capable legal representation should be available to all victims. The amount of compensation you’re entitled to shouldn’t cost an arm and a leg to kick off and pursue: justice delayed is justice denied.
Legal aid is also available in case your claim comes up short, too. Instead of having to be out of pocket to cover the opponent’s legal fees, we endeavour to come up with After the Event insurance policies for you. That way, you’re not out of pocket if the claim fails.
*This can occur either physically or mentally.
**You can claim on the baby’s behalf or anyone else, up until their 18th birthday.