Medical negligence within the NHS can have devastating consequences, leading to life-altering injuries or even death. In recent years, the scale of claims has grown, with the NHS paying out £2.8 billion for clinical negligence claims in 2023/24 alone.
One real-life example that underscores the seriousness of these cases involved failings in maternity care, a category that accounts for a significant proportion of NHS payouts.
Birth injury due to NHS Negligence
In one instance, a mother suffered life-changing trauma during childbirth due to the failure of medical staff to monitor fetal distress. This resulted in the baby being born with severe brain injuries, requiring lifelong care. The family pursued legal action, leading to a substantial settlement to cover medical expenses and support services.
How to Make a Claim Against the NHS for Medical Negligence
If you or a loved one have been affected by medical negligence, here is an overview of how to pursue a claim:
Understand What Constitutes Medical Negligence
Medical negligence occurs when healthcare professionals fail to provide the expected standard of care, leading to harm. Examples include misdiagnosis, surgical errors, medication mistakes, or inadequate monitoring during treatment.
1. Collect Evidence
To support your claim, gather all relevant medical records, incident reports, and any correspondence related to your care. Document your experiences, including how the negligence has impacted your health and quality of life.
2. Seek Expert Legal Advice
Contact a solicitor who specializes in medical negligence claims. They will assess the merits of your case and guide you through the process, often beginning with a free consultation.
3. Initiate the Claim Process
Your solicitor will send a Letter of Claim to the NHS outlining the allegations of negligence. The NHS has a set period to respond, either accepting or disputing the claim.
4. Negotiation or Litigation
Many cases are settled out of court through negotiation. If an agreement cannot be reached, the case may proceed to litigation, where a judge will determine liability and compensation.
Time Limits and Compensation
Under UK law, medical negligence claims must typically be made within three years of the incident or from when the harm was first discovered. For minors or individuals lacking mental capacity, exceptions apply.
Compensation is calculated based on the severity of the injury, financial losses, and future care needs. For example, in maternity negligence cases, payouts can be substantial due to the lifelong implications for both the child and family.
Challenges and Support
Navigating a medical negligence claim can be complex. While only a small percentage of cases go to court, the process can be emotionally taxing. However, the potential for securing compensation to cover ongoing medical needs and provide justice makes pursuing a claim worthwhile.
The NHS has also introduced initiatives to address systemic issues, such as improving maternity care and reducing response times for claims. These efforts aim to minimize future cases of negligence while ensuring accountability.
Conclusion
Medical negligence claims against the NHS are a critical mechanism for securing justice and compensation for affected individuals. By understanding the process and seeking professional advice, victims can take steps to rebuild their lives. While the financial and human costs of these incidents remain significant, efforts to improve patient safety are essential to restoring public trust in healthcare services.
For more information on how to make a claim against the NHS, speak to the No Win No Fee Solicitors at The Medical Negligence Team today.
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