Am I Eligible To Make a Claim Against The NHS?

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The NHS is the biggest public healthcare service in the world and performs hundreds of procedures each year without issue. However, whether down to human error or negligence, mistakes can sometimes occur which can put you and your family at risk. If you are considering making a claim against the NHS, this guide will help to explain whether you are eligible.

Grounds to Make an NHS Claim

To be able to sue NHS, your complaint must fulfil a certain number of criteria which can help to establish the validity of your claim. One of the most common of these is clinical negligence for both physical and mental health care. Although, generally, doctors strive to achieve the best level of care for their patients, there are instances where there is evidence of NHS negligence during a hospital stay or procedure. For example, you can claim medical negligence when a surgical procedure goes wrong, or if you have contracted an illness or your condition has worsened while under NHS care. You also have grounds to claim if there has been a delayed diagnosis of a critical condition that has put your life in danger.

Your claim must fall into one of two categories in this instance:

  • Your doctor’s actions are tested against the acceptable methods of clinical practice to establish whether the right decisions were taken
  • You must prove that your worsened condition is linked to an absence of care by a medical health professional

You should also be able to determine how much compensation you may need due to financial loss and the extent of your damages for NHS negligence payouts. If your case fulfils this criterion, then you are able to make a claim against the NHS.

Who can Make a Claim?

Anyone that has been treated by the NHS, whether at a GP surgery or at a hospital, can make a claim against the NHS’s service. If the NHS is still treating you, you are able to make a claim while also continuing treatment under the same branch and level of service as before your claim was made. To establish whether your NHS claim is valid and whether you are eligible, you should contact a legal professional to discuss any concerns you may have over your eligibility and future care. You can also make an NHS negligence claim on behalf of a relative who has died at the fault of NHS services.

Common Causes for Claims

With claims now costing the NHS £1.4 billion, the common causes for claims include many different aspects. These include surgical error, such as the wrong surgery being performed or on the wrong surgical site, if there has been a delayed diagnosis of life-threatening medical conditions and instances such as strokes and heart attacks, prescribing an incorrect medicine, or a delay or complete failure to treat illnesses efficiently. These can also include hospital transmitted infections, failure to explain the risks of a procedure and a loss of test results.

Anyone can make a claim against the NHS. With the right advice and evidence, there are many different instances in which you may be eligible to make a claim against the NHS, and that you should consider immediately if you believe negligent behaviour has been conducted against you or family members.