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NHS Negligence

Claiming Compensation for NHS Negligence

Making a negligence claim against the NHS

NHS negligence covers incidents that occur while receiving medical treatment at the NHS facility. If you or anyone you know has suffered an injury that resulted because of the NHS failure in looking after you properly, then you can file a compensation claim.

A personal injury lawyer who has very good experience in dealing with medical negligence claims can help you file a successful NHS negligence compensation claim. 

Proving NHS negligence 

Your legal advisor may need to prove the following for a successful claim:

•    The injury had affected you physically and emotionally 

•    The injury was caused by somebody working in the NHS being negligent

NHS claims can be a little complex to prove. There are predefined principles according to which your personal injury legal advisor will confirm if you can make a successful claim. Contact us today on to speak with an experienced legal advisor.

The Bolam Test and NICE

To prove that medical negligence occurred, your solicitor will require opinions from medical experts in order to prove that there has been negligent behavior by your doctor, nurse or other healthcare provider behaved carelessly. This is called as the ‘Bolam Test’. There are other criteria like NICE (National Institute of Health and Care Excellence) principles.

Gathering evidence to support a claim

Hospital staff has a duty of care towards any patient. For a successful claim, you have to prove that the doctor or the other staff failed in their duty of care and that caused your injuries.

In order to prove this, your solicitor gets in touch with medical experts and testimony by experts as evidence. 

An experienced medical claim lawyer also has good connections with medical experts and uses it to gather evidence and make your case stronger. 

How much time does it take to make an NHS claim?

If the NHS accepts the blame, the case is solved immediately. However, NHS denies negligence, your lawyer needs to prove their negligence. Filing claims against the NHS helps prevention of mistakes from happening in the future and save somebody from getting injured. Most claims are settled out of court.

You can call an expert legal advisor for free on  and start your claim. 

Will your claim affect on-going treatment?

It is recommended that you change your doctor or get yourself referred to a different doctor or hospital. Still, if you decide to make a complaint against the doctor currently treating you, he can't deny your treatment. 

Claiming on someone else’s behalf

You can file an NHS negligence claim for someone else if the person injured can not make a compensation claim on themselves. This may be either because they are a child, or they have been rendered mentally disabled due to the impacts of the injury. 

NHS negligence claims including non-medical staff

Injuries can also result due to the mistake of non-medical employees like porters, receptionists, cleaners, café staff, etc. In such a case, your solicitor may need to prove that the individual owed you a duty of care. Your solicitor will collect details of the incident and conclude if you can have a claim or not.

Claims and NHS Resolution

NHS resolution defends any claim against the NHS. NHS Resolution was found in 1995. More than 98% of NHS cases are settled out of court. The compensation amount is paid from a special fund set aside for compensation claims. If your claim is against an NHS GP(general practitioner), then your claim would be against the GP privately who will be defended by a medical defense institution.

The right to complain and make a claim

NHS is a reputed organization and you should never feel guilty about making a claim for negligence against the NHS. However, the constitution of the NHS itself involves the right to get compensation if you’ve been harmed via an act of medical negligence.