Suing The NHS: Am I Eligible?
August 23, 2019
The NHS work tirelessly to provide medical treatment wherever – and whenever – it’s needed. Despite the benefits and positives of the British healthcare system, this does not mean that negligence or mistakes do not happen – and, despite the fact the NHS are the world leader’s in healthcare, this does not mean that you do not have a right to confront the system for any negligence you have received. The NHS is an institution we must feel that we can trust. The Medical Negligence Experts are here to help should you require NHS negligence compensation for the trust being broken.
Here, we discuss the eligibility criteria you must meet in order to sue the NHS.
What Needs to Happen for My Claim For NHS Negligence Compensation to be Considered?
The following points need to have occurred for you to be eligible to sue the NHS.
- The NHS professional standard was not adhered to. This means a doctor or any authority caregiver acted in an unacceptable manner. The official guideline is called the Bolam principle, which outlines whether your doctor acted in the accepted manner as agreed by a body of clinical figures.
- Your subsequent injury or illness is directly the cause of failed service from a healthcare professional. You need to ensure that you would not have maintained an illness or injury even if you had received the proper amount of care. If illness was likely regardless of the level of care, then your claim may not be successful.
- You suffered physical or psychological harm as a direct result of negligence. Psychological harm can have long-standing effects, and should not be overlooked when it comes to negligence and the negative impact of a medical procedure or incident.
What Are the Common Breaches Which Are Valid For a Claim?
You have the potential for a solid claim if a healthcare’s mistakes lead to illness or injury. The following are examples of breaches of duty which count towards a claim:
- Surgical implements left inside your body by mistake
- Failure in diagnosing critical conditions
- Administering the incorrect medicine and/or the incorrect dosage
- Malnourishment or dehydration
- Failure to communicate the risks involved with a treatment
- Delayed or missing lab test results
- Delay in necessary treatment
- Negligence in personal care, leading to infection or sores
Why Not Complain Directly Through the NHS?
The NHS does have a verified complaints procedure in place. This is designed to give you an explanation and not financial compensation, however. If you have suffered at the hands of negligence and in turn suffered physical or psychological harm, then it’s imperative that you seek the compensation you deserve, rather than a mere explanation of why you suffered. Nevertheless, you always have the option to complain to NHS management to ensure no other patient receives the same ill treatment. You can also elevate the complaint to the Parliamentary and Health Service Ombudsman if you feel it is not being handled adequately.
If you believe you fall into the above criteria, contact The Medical Negligence Experts today for advice on furthering your claim against the NHS.