What is NHS negligence?

An NHS negligence claim is a claim made against the NHS if the care you received fell below the standard you could reasonably expect. Most NHS care is excellent, but things occasionally go wrong and if you suffer injury as a result then you may have the right to claim compensation.

The medical negligence solicitors at Beacon Law has a proven track record of successful NHS negligence claims, and while we understand that no amount of money can totally make up for being let down by the NHS, it could be a huge help in terms of rehabilitation and recovery.

If you’ve suffered harm as a result of NHS negligence then contact us today. If we think you could be eligible for compensation then we’ll work by your side to make it happen.

Can I make an NHS negligence claim?

Yes, you can make an NHS negligence claim if your case meets the following criteria:

• You were receiving treatment under the NHS
• The treatment you received fell below a reasonable standard
• As a result of that failure you suffered harm in the form of an injury, an illness, or the worsening of an existing condition

Claims of this kind can be made against anyone working for the NHS, including GPs, surgeons, care workers, nurses and consultants. We know how stressful the experience of being treated negligently by the NHS can be, and how daunting it can feel to take on an organisation the size of the NHS.

We treat our clients as people and not claim numbers, and take the stress and anxiety of the situation into account throughout the process. If you’ve experienced NHS treatment which you felt was below the expected standard then contact us today for a free, no obligation consultation.

Once we’ve listened to the details of your case we’ll explain whether we think you may be entitled to compensation, and how we’ll set about trying to claim it for you. The kind of NHS negligence claims we have experience of dealing with include the following:

• Claims for patients who were misdiagnosed
• Claims for patients who were treated negligently in an A&E department
• Claims for patients following errors or negligence during surgery
• Claims for patients treated negligently during a stay in hospital
• Claims for patients treated negligently by their GP
• Claims for birth injuries
• Claims for patients who developed sepsis as a result of negligent treatment
• Claims for negligent dental treatment

How do you prove NHS negligence?

If you’ve been left ill or injured due to negligent NHS treatment then the task of gathering the evidence to prove it will be down to the experts at Beacon Law. We take on the work of putting NHS negligence claims together so that you can concentrate on recovering from your experience and coming to terms with what has happened.

In legal terms, the case which we present in NHS negligence claims has to prove the following:

You were treated by NHS professionals and that treatment fell below the standards that you reasonably expected
This negligent treatment had the effect of leaving you injured or unwell, or of making an existing condition of yours even worse.

The evidence we gather to prove the case will show that any injury or illness you are dealing with after your NHS treatment wouldn’t have happened at all, or would be less severe in nature, if the negligent treatment you received hadn’t taken place. In some cases the negligent treatment will involve the NHS professional involved failing to do something, such as:

• Spotting symptoms
• Ordering tests
• Referring you to a specialist

In addition to showing that the treatment you received was negligent and fell below the reasonable standard most NHS professionals would recognise, the evidence we present for your NHS negligence claim will show that this negligence caused your illness or injury.

The evidence which we gather to prove your NHS negligence claim will include the following:

Your own detailed statement setting out the treatment you received, including a timeline of interactions with NHS professionals and records of any treatments or medication you were given.

We will also speak to any witnesses available, such as family members who may have attended medical appointments with you or witnessed the way you were treated in a hospital, and can also explain the impact which your injury or illness has had on you.

In some cases photographic evidence may form part of a claim, i.e. photos of a wound that was allowed to become infected, bruises left following treatment or scarring caused by poorly dressed injuries

We will organise a medical examination by an expert with specialist knowledge of the area of medicine involved in your case. This will enable us to build the fullest possible picture of the impact your treatment has had on your health and the prognosis for any future recovery.

We’ll also access your wider medical records from before and after the negligent treatment. This will help to show how your health has been impacted by the way you were treated, as well as providing an official record of the steps that NHS professionals did and didn’t take in treating you.

We’ll ask if you have any paperwork which is relevant to your NHS negligence claim, such as letters from a hospital or clinic. A letter cancelling an appointment could show that the hospital in question missed an opportunity to diagnose a condition, for example, while letters could also provide documentary evidence of misdiagnosis.

Throughout the process we’ll get on with gathering evidence so that you have the space to concentrate on putting your life back on track. We understand how stressful NHS negligence claims can be, and we’re ready to provide advice and empathetic support whenever you need it, answering any questions on a one-to-one basis in a clear, jargon-free manner.

How much compensation can I claim for NHS Negligence?

The amount of compensation for NHS negligence will vary from a few thousand pounds for cases which result in only minor illness or injury and a quick recovery, up to more than a million for those patients who are left with life-changing injuries or disabilities and complex conditions calling for on-going care.

In all cases the final compensation will be made up of general damages and special damages. These are calculated in the following way:

General Damages

General damages reflect the pain and suffering caused by your injury or illness, both physical and psychological. They also include an amount to compensate for the way in which your injury stops you living your life fully and pursuing hobbies and interests.

The amount awarded for general damages will be decided with reference to the Judicial College Guidelines (JCG), a publication which provides compensation ranges for specific types of injury.

Factors taken into account when deciding where in the range the compensation will fall include the age of the patient and their general health before the negligence took place.

Special Damages

Special damages deal with the financial side of NHS negligence, and are intended to leave you in the financial position you would have been in if the NHS negligence had never happened. They will include an amount to compensate for loss of earnings or pension provision if your illness or injury impacts your ability to earn a living in the way you used to.

Special damages will also compensate for any expenses which are directly related to your injury or illness. These could include, but are not limited to, the following:

• Money you have to spend on medical treatment for your injury or illness, now and in the future
• Money which you have to spend adapting your home or vehicle to make allowances for any disabilities arising from your illness or injury
• Money which you have to spend on care needed because of your illness or injury, now and in the future
• An amount of money to cover the time which family members or friends have spent caring for you
• Money spent travelling to and from any medical appointments needed because of your illness or injury
• Money which you have to spend on counselling or therapy as a result of your illness or injury
• Money which has to be spent on special equipment needed because of your illness or injury, such as a wheelchair or other mobility aids.

When you make an NHS negligence claim with Beacon Law we’ll explain exactly what you can claim compensation for and how to keep the paperwork needed to prove how much you’ve had to spend.

We pride ourselves on always working to make sure that our clients making NHS negligence claims receive 100% of the compensation they are entitled to.

NHS negligence claims process

We understand how daunting it can be to make a compensation claim against a body as large and prestigious as the NHS. You’re not alone when you claim with Beacon Law, however, and we simplify things by breaking the claims process down into smaller, more manageable steps:

Call us for a free, no obligation consultation. We’ll listen to the details of your case and we’ll explain the law around medical negligence claims.

If we think you could be eligible to make an NHS compensation claim we’ll get to work on your behalf as quickly as possible.

We’ll communicate with the relevant NHS trust, telling them that you are claiming compensation for alleged negligence. Once this is done we’ll get to work gathering the evidence you need for your case to be successful.

This evidence will include:

• Your own detailed statement
• The results of a medical evaluation carried out by an independent expert
• Your medical records from before and after the treatment
• Witness statements where relevant – i.e. from family members who were present at appointments or visited you in hospital
• Photographic evidence of injuries where relevant
• Full details of the financial impact of your injuries or illness, including wage slips, bank statements, bills and receipts relating to any expenses incurred

The strength of the NHS negligence claims we present is usually enough for the other party to admit liability. We always work to settle NHS negligence claims via negotiation and mediation without having to go to court.

According to NHS Resolution, the organisation that deals with NHS negligence claims, 81% of the cases it dealt with were settled out of court in 2023/24 . If liability is admitted we will negotiate a full and fair compensation settlement.

In some cases agreement on a final settlement is delayed because of the complexity of your injuries and the need to establish exactly what your future care needs will be. If this happens then we will apply for interim payments to help with things like care costs and medical bills and keep your life as comfortable as possible until the final settlement is agreed.

If interim payments are made then the amount will be deducted from the final compensation payment.

In a small number of cases liability is denied or a fair compensation settlement can’t be agreed. If this happens then your NHS negligence claim will be settled in court, and the Beacon Law team will work by your side, arguing your case and fighting for a just and fair result.

 NHS negligence claim time limits

There is a typical time limit in place on NHS negligence claims of 3 years, after which you won’t be able to start a claim. The 3 years runs from one of two dates:

• The date on which the negligence took place
• The date on which you became aware of the negligence, such as when an illness or injury was diagnosed and linked to earlier treatment

There are exceptions to the 3 year rule such as the following:

• The NHS negligence claim involves someone under the age of 18, in which case the 3 years will start from the date of your 18th birthday
• The NHS negligence claim involves someone without the mental capacity to claim on their own behalf within the 3 years, in which case the limit will run from the date on which you regain capacity

If you’re not sure whether your claim falls within the 3 year limit – i.e. if a diagnosis came much later than the negligent treatment, then contact Beacon Law and we’ll explain whether an exception is likely to apply.

In all cases we would advise starting an NHS negligence claim as quickly as possible, while the memory of events is still fresh in your mind and the minds of any witnesses.

What does an NHS negligence claim cost?

When you make an NHS negligence claim with Beacon Law it costs absolutely nothing up front. That’s because we handle NHS negligence claims on a no win no fee basis, which means the following:

• You don’t have to pay anything while we process your claim, gather evidence and negotiate compensation
• We take out insurance on your behalf to cover costs if the claim is unsuccessful
• We only take a fee if the claim is successful and compensation has been paid, and it will never be more than 25% of the money awarded

We work in this way so that patients who’ve been let down by the NHS can seek fair compensation without worrying about whether they can afford to do so.

We also reassure clients that the payments in NHS negligence claims come from NHS Resolution funds, and not from money that would otherwise be spent on patient care.