The NHS is one of the most trusted healthcare systems in the world, and with good reason. Each year, NHS professionals treat millions of patients, often with excellent outcomes. Sometimes, though, things go wrong, and when they do, the consequences can be devastating. If medical negligence has caused you harm, you may be entitled to compensation. The expert medical negligence solicitors at Simper Law are here to help you achieve the best possible result when making a medical negligence NHS claim.
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When Can You Make An NHS Medical Negligence Claim?
You can make a medical negligence NHS claim if your case satisfies the following legal criteria:
• The Medical Professional In Question Owed You A Duty Of Care
Every NHS doctor, nurse, dentist, or other healthcare provider owes their patients a duty of care, so most medical negligence NHS claimants satisfy this first requirement.
• The Medical Professional In Question Breached Their Duty Of Care
You must be able to demonstrate that the standard of care you received fell below the standard you would expect from a reasonably competent professional in the same position as the medic who treated you. Proving a breach of the duty of care often requires expert medical evidence.
• The Medical Professional’s Breach Of Duty Caused You Harm
Proving that the medical professional’s substandard care directly caused your injury or worsened your condition is vital. If the outcome would have been the same regardless of the medical professional’s actions, your claim will fail.
Some examples of the situations which may give rise to a medical negligence NHS claim include the following:
• Delayed Diagnoses
Delayed diagnoses can have a severe effect on a patient’s prognosis. If a medical professional fails to properly investigate your symptoms, send you for tests, or refer you to a specialist when they should, their conduct may be negligent.
• Surgical Errors
Surgical errors in the NHS are incredibly rare. If a surgeon makes an error, for example, by leaving surgical instruments inside you or operating on the wrong body part, you will likely have cause to make a medical negligence NHS claim.
• Birth Injuries
If negligent care during pregnancy or labour causes harm to a baby, those affected may be eligible for compensation.
Who Do You Make A Medical Negligence NHS Claim Against?
Medical negligence NHS claims are usually made against the NHS organisation for which the medic worked, not the individual medical practitioner themselves. For example, you might pursue the NHS Trust or health board in charge of the hospital where you were treated.
Our specialist medical negligence solicitors will identify the correct defendant in your case, request your medical records, and formally notify them that you intend to make a medical negligence NHS claim. You do not need to worry about who to contact; it is part of our role to ensure that your claim is directed against the appropriate NHS body, so you can focus on your recovery while we handle the process.
Who Pays The Compensation In A Medical Negligence NHS Claim?
Some clients are hesitant to pursue a medical NHS claim to secure the compensation to which they are entitled because they believe that they will be taking money away from patients or individual medical professionals. This is a common misconception. In reality, all NHS organisations have insurance-style arrangements in place through a national body called NHS Resolution, which handles medical negligence claims on their behalf.
NHS Resolution is funded by NHS Trusts through annual contributions. When you make a successful medical negligence NHS claim, the compensation you receive is paid out of these funds.
Remember, too, that making a medical negligence NHS claim is about far more than simply recovering compensation; it is about holding an organisation to account for providing substandard care, making sure that nobody else suffers in the way you have, and accessing the early rehabilitation you need to make as full a recovery as possible.
Will You Have To Go To Court If You Make A Medical Negligence NHS Claim?
Many clients are surprised to learn that it is very unlikely they will have to go to court when they pursue a medical negligence NHS claim. All parties usually prefer to avoid lengthy court proceedings, and most medical negligence claims are settled out of court.
Our medical negligence solicitors have a proven track record of achieving excellent settlements for our clients through negotiation or alternative dispute resolution methods, such as mediation. Litigation only tends to be necessary when the parties cannot agree on liability or the amount of compensation. Even then, settlement discussions will continue behind the scenes, and a resolution is quite often achieved before trial.
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