# Medical negligence claims &#8211; Is medical negligence killing the NHS?
Author:  Pal Sinha, Barnali 
Author URL: https://financedigest.com/author/pal-sinha-barnali
Published: 2022-04-25
Category: INSURANCE
Category URL: https://financedigest.com/category/insurance
Meta Title: Understanding Medical Negligence Claims in the UK
Meta Description: Discover how to secure justice and compensation for medical negligence without the worry of financial burden. Get expert advice and support today.
URL: https://financedigest.com/medical-negligence-claims-is-medical-negligence-killing-the-nhshtml

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Having access to free medical care in the UK is something that most of the population holds dear. The NHS is there when you need them without the worry and stress of receiving bills for thousands of pounds following treatment.

However, there are times when things go wrong. Negligence by clinicians could result in the [advancement of medical](https://www.financedigest.com/advancements-in-x-ray-equipment-to-drive-the-medical-imaging-equipment-market.html "Advancements in X-Ray Equipment to drive the Medical Imaging Equipment Market") conditions and, in the worst-case scenario, unnecessary loss of life. In this article, we will help you through the moral minefield that many experience when they have to decide whether to [make a medical negligence claim](https://www.claimsaction.co.uk/medical-negligence-claims/) against the NHS.

## Why is Compensation Needed?

The NHS does a fantastic job of providing healthcare to all who need it. However, as with any organization made up of human beings, mistakes can happen. These range from the minor, such as a missed diagnosis that is later rectified, to the more serious, where patients are left with life-changing injuries or worse.

In some cases, it may be challenging to prove that negligence was the cause of an injury or death. It might be down to an error in judgment or a simple [mistake that could have been avoided](https://www.financedigest.com/top-ten-biggest-mistakes-by-novice-investors-and-how-to-avoid-them.html "TOP TEN BIGGEST MISTAKES BY NOVICE INVESTORS – AND HOW TO AVOID THEM"), but this does not change the fact that the consequences can be devastating for those involved.

[Claiming medical](https://www.financedigest.com/philips-subsidiary-to-pay-over-24-million-for-alleged-false-claims-for-medical-equipment.html "Philips subsidiary to pay over  million for alleged false claims for medical equipment") negligence compensation is not about making money; it’s about securing justice and obtaining answers when things have gone wrong.

## What is Medical Negligence?

[Medical negligence, or clinical negligence as it’s also known, is when a medical professional provides substandard care that leads](https://www.financedigest.com/medical-tapes-and-bandages-market-2021-global-leading-companies-analysis-revenue-trends-and-forecasts-2027.html "Medical Tapes And Bandages Market 2021 Global Leading Companies Analysis, Revenue, Trends and Forecasts 2027") to injury or death. This might be down to errors in diagnosis, treatment, or [aftercare and can happen in any type of healthcare setting, including hospitals, GPs’ surgeries, dental practices, and care homes](https://www.financedigest.com/the-home-care-services-market-to-get-pushed-based-on-digitization.html "The Home Care Services Market to get pushed based on digitization").

## Making a Claim

If you’re considering making a claim for medical negligence compensation, it’s essential to get advice from a specialist solicitor as soon as possible. There are strict time limits in place, so you’ll [need to act](https://www.financedigest.com/insurtech-why-established-players-need-to-act-fast.html "Insurtech: Why Established Players Need to Act Fast") quickly. Your solicitor will assess your case, and if they believe you have grounds for a claim, they’ll help you to gather the evidence you [need to support](https://www.financedigest.com/banks-need-to-digitise-financial-wellbeing-support-to-help-young-people-manage-through-this-recession.html "Banks need to digitise financial wellbeing support to help young people manage through this recession") your case.

This might involve obtaining your medical records, getting expert opinions, and speaking to witnesses. If your case is successful, you could receive compensation for the physical, psychological, and [financial effects](https://www.financedigest.com/how-can-financial-services-companies-compete-more-effectively-in-times-of-uncertainty.html "How can Financial Services Companies compete more effectively in times of uncertainty?") of your injuries, as well as any loss of earnings.

Making a claim can be a [complex process](https://www.financedigest.com/board-report-highlights-complex-decision-making-process-across-banking-and-finance-sector.html "Board Report Highlights Complex Decision-Making Process Across Banking and Finance sector"), so it’s vital to get expert help and advice.

## Are There Too Many Claims Against the NHS?

There is a common misconception that there are too many medical negligence claims being made against the NHS. In reality, the number of successful claims is very small [compared to the millions of treatments and procedures carried out every year](https://www.financedigest.com/glastons-interim-report-1-january-31-march-2018-orders-received-grew-23-comparable-operating-profit-at-previous-years-level.html "Glaston’s Interim Report 1 January – 31 March 2018: Orders received grew 23%, comparable operating profit at previous year’s level").

Many of the solicitors who take on cases for medical negligence against the NHS do so on a ‘no win-no fee’ basis. That means if the case is unsuccessful, the solicitor will not receive any payment.  So, you can see that the likelihood of a frivolous claim being taken on by a legal team is very unlikely.

## Why Would You Make a Claim Against the NHS?

There are several [reasons why someone might choose](https://www.financedigest.com/3-reasons-why-more-of-us-are-choosing-a-staycation-for-our-holiday.html "3 reasons why more of us are choosing a staycation for our holiday") to make a claim against the NHS. In some cases, it’s simply about getting answers and an apology, and money is often secondary. For others, it could be that they need [financial support](https://www.financedigest.com/how-to-support-employees-amid-financial-strains.html "How to support employees amid financial strains") to help with their recovery or to adapt their home following a life-changing injury.

Claiming against the NHS should not be seen as ‘attacking’ the organization. The NHS does incredible work and saves [lives every day](https://www.financedigest.com/pensions-awareness-day-could-you-get-by-on-less-than-living-wage.html "Pensions Awareness Day: Could you get by on less than living wage? "). Claims are only brought when something has gone wrong, and people have been left with no other choice but to seek justice.

When you make a claim, any compensation you receive will come from the NHS Litigation Authority and not from [frontline services](https://www.financedigest.com/four-customer-service-insights-for-uk-banks-from-the-telco-frontline.html "Four customer service insights for UK banks from the telco frontline") when you make a claim. This means that your [claim will not have a negative impact on the care](https://www.financedigest.com/health-care-systems-show-moderate-decrease-in-liability-claims-find-correlation-between-worker-safety-and-patient-safety.html "Health Care Systems Show Moderate Decrease in Liability Claims, Find Correlation Between Worker Safety and Patient Safety") and treatment available to others.

## What Can You Claim For?

When you make a claim for medical negligence, you can claim for the physical, psychological, and [financial effects](https://www.financedigest.com/improving-sustainability-finance-effective-lifecycle.html "Improving sustainability in finance with an effective IT lifecycle") of your injuries. This might include:

- Loss of earnings – if you’re unable to work because of your injuries
- Medical treatment – including the cost of private treatment if this is recommended
- Therapies and rehabilitation – to help you recover from your injuries
- Care and support – if you need help with everyday tasks
- Home adaptations – if your injuries mean you’re unable to live independently
- [Travel costs](https://www.financedigest.com/travel-insurance-small-print-what-you-need-to-know-loopholes-in-policies-that-could-cost-you-a-packet.html "Travel insurance small print – what you need to know Loopholes in policies that could cost you a packet") – if you need to travel further for treatment or appointments

It’s often recommended to keep a diary to help you note when expenses were incurred and for what reason.

## Next Steps

Medical negligence claims can be very complex, so it is crucial to [seek expert help and advice if you think you might have a case](https://www.financedigest.com/amazon-loses-bid-to-throw-out-case-by-uk-drivers-seeking-worker-rights.html "Amazon loses bid to throw out case by UK drivers seeking worker rights"). A specialist solicitor will be able to assess your case and provide guidance on the best course of action.

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