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What Is Medical Negligence?

Can I Claim Against The NHS For Medical Negligence?

If you’ve been harmed as a result of negligence by an NHS organisation or healthcare professional, you may be able to claim compensation.

In general the NHS is known for providing a vital service for the public which most people have a good experience with.

This can lead to some people having concerns about claiming against the NHS. However, we believe that those who are negligent in their practice of medicine need to be held to account for their actions.

Some of the most frequent questions we are asked are below.

Are NHS Claims Ethical?

If a medical professional has provided substandard treatment and care to you, which has resulted in an injury or worsening of your medical condition, then you may be able to make a compensation claim against the NHS.

The aim of compensation is to try to put you back in the same position that you were in had the negligence not occurred. It’s not awarded so that you can benefit financially. By claiming compensation, you may also highlight the lack of suitable medical care you received to reduce the risk of the same thing happening to someone else.

Can I Still Access The Same Care That I Am Currently Receiving?

If you’re being treated by a medical institution that you wish to make a claim against, you can continue treatment at the same institution.

You also have the right to treatment from a medical organisation that you’ve previously claimed against. Decisions about where to be treated should not be affected by a medical negligence claim.

Will The Doctor Or Health Professional Who Treated Me Lose Their Job?

We can’t directly affect any internal action against those responsible for medical negligence.

Claiming for compensation aims to put you back in a similar position you were in before you suffered injury due to medical negligence, as well as raise awareness so that others don’t suffer the same hardships as you in the future.

A medical negligence claim runs separately to any other form of action, and it’s the responsibility of other institutions and professional bodies to decide whether any action is taken directly against a  medical professional.

For example, the General Medical Council (GMC) monitors each registered medical professional to determine whether they are fit to practice medicine. If the GMC investigate a medical professional, and the results show that the negligent act happened again, or that a life was endangered, then they may impose sanctions preventing them from practising. 

We can talk you through how to make a complaint or referral to the GMC if appropriate. 

Will My Claim Make A Difference?

By making a medical negligence claim, you’re highlighting problems in the care and procedures that are in place in the NHS and helping to stop mistakes being made in the future.

It’s common for the NHS trust involved to start internal investigations to find out why and how the injury happened. This can lead to changes in procedures or protection introduced to stop the same thing happening again.

Making the decision to claim against the NHS can be hard, but if you’ve suffered as a result of medical negligence, then you may have a legal right to claim compensation to help improve your situation. 

Claims Against The NHS – Free Initial Advice

If you have further questions or concerns about making a claim for compensation against the NHS, then please call our team today on 0800 121 6567 for a free initial consultation with a medical negligence expert. Alternatively, you can contact us online and we’ll get back to you to talk about your claim.

The above information relates to the law in England and Wales.

All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

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