Suing the NHS

There is no doubting the NHS provides an excellent service to millions of patients every year. However, sometime mistakes happen and these can be life changing to the people affected and their families. 

Our expert team of medical negligence solicitors offer free consultations for people suing the NHS for compensation due to clinical or medical negligence by NHS employees. They are able to advise people looking for NHS compensation against doctors, surgeons and other medical or healthcare professionals.   

"... knows how to approach a clinical negligence case from start to finish."

Chambers UK

No win no fee 

The majority of our NHS compensation claims are funded on a no win no fee basis or to use its correct term, a Conditional Fee Agreement (CFA). We will discuss your funding options with you as part of our claim assessment. 

Please read our Guide to making a Medical Negligence Claim for further details on how you can fund your claim. 

Can you sue the NHS?

The simple answer is yes, medical negligence in the NHS can happen any time, it could whilst you are undertaking the treatment for specific illness, the diagnosis of a disease or illness, an accident, surgery, a routine check-up or medication error. If you have been treated negligently by any NHS professional then you may be within your rights to sue the NHS. 

Time limits for suing the NHS

As with any medical negligence claim there are set time limits on when you are able to claim compensation from the NHS. On the whole this is three years from the 'date of knowledge' that is the date you became aware of the problem, this is usually the date the incident took place, although there are occasionally times when negligence doesn't come to light until a later date. There are a couple of exceptions to this, for example children and those with mental capacity issues.  

"Rachael was extremely helpful and very thorough all through the process and gave me every confidence of a satisfactory outcome."

Derek Bayliss

NHS compensation figures

The amount of compensation you receive for suing the NHS will depend on your individual circumstances, your injuries or illness and the negligence you suffered. We have put together a brief compensation calculator guide to give you an indication. Please contact our specialist solicitors who can give you a more accurate figure based on your personal circumstances. 

We are able to provide immediate legal advice on your NHS negligence claim anywhere in the UK from our offices located in the heart of Warwickshire. We are also able to provide hospital and home visits for people who are unable to visit our offices. We understand this can be a difficult,  stressful and time for you and your family so we will deal with your claim with care, sensitivity and compassion. 

Thankfully most of the treatment performed by the NHS is to a high standard with patients feeling they have been well looked after throughout their diagnosis and treatment. 

However, when surgical procedures, medical diagnosis or clinical treatment go wrong, the impact on your life or that of your loved ones can be both dramatic and devastating.

Case studies

August 27th, 2019 Our most notable medical negligence cases 2019

The NHS is facing an existential crisis. The negotiations over junior doctors’ pay and conditions and widespread dissatisfaction among GPs, combined with a £2.45bn overspend by NHS Trusts, is impacting on patient care.

Read case study
October 8th, 2017 Wrong chemotherapy drug led to death

Mr G was suffering from cancer. As part of the treatment he had an orchidectomy (an operation to remove his testicle).

Read case study
March 10th, 2016 Wrong equipment used in back operation

Mrs D had suffered from back problems and agreed to undergo a spinal operation in order to regain the degree of mobility and flexibility she enjoyed beforehand. This was particularly necessary to her as she had young children and being active was important.

Read case study

Our cases

We acted for the family of Stephanie Bell who died at University Hospitals Coventry & Warwickshire NHS Trust after a routine bowel operation. The inquest found the hospital guilty of ‘gross failings’ when doctors failed to spot post-operative complications and take remedial action. 

We represented the family of a baby who died after hospital failings; they have won a five-figure pay-out. Daniel Kunigiskis died aged just four days after errors made at Warwick Hospital during the baby’s delivery.

If a medical mistake or accident was due to lack of judgement or incompetence by a doctor, nurse, surgeon or any healthcare professional then you will need the expertise of a medical negligence solicitor to see if you have a claim against the NHS.  Suing the NHS can be complex but our team have the knowledge and experience to guide you through the process. 

Why use us when suing the NHS?

Our Head of Medical Negligence Jeanette Whyman and her team deal with all types of NHS compensation claims; these can be as a result of poor surgery or surgical errors, death, injury, cancer treatment and misdiagnosis, cosmetic surgery and dental negligence. She deals with clinical negligence claims against the NHS, private hospitals and other healthcare practices. 

Jeanette has successfully secured NHS compensation from University Hospitals Coventry and Warwickshire NHS Trust (Walsgrave Hospital) for the family of a teenage girl who starved to death because a lifesaving drip was not used by doctors. A five figure settlement was secured. 

She also secured NHS compensation for a client when she acted against a hospital for an unnecessary brain operation resulting in brain damage to the client.

Jeanette is recognised as an authority on medical negligence and NHS compensation. She is a member of the Law Society Clinical Negligence Panel. 

Suing the NHS is not an easy decision but our medical negligence solicitors can help guide you through your options. Please call them on 01926 880726 or request a free call back.

Recent articles

August 27th, 2019 Our most notable medical negligence cases 2019

The NHS is facing an existential crisis. The negotiations over junior doctors’ pay and conditions and widespread dissati...

Read article
December 4th, 2018 Shrewsbury and Telford NHS Trust

A clinical negligence lawyer at a leading Midlands law firm is urging Shrewsbury and Telford NHS Trust to review the tra...

Read article
January 30th, 2018 Changes to consent to medical treatment

Following the Supreme Court decision in Montgomery v Lanarkshire Health Board (2015) the law relating to informed consen...

Read article
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