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The NHS has a responsibility to provide safe medical care to its patients. The NHS as a whole, and the individual health professionals who work for it, must provide care that is of an acceptable standard.

Where a patient is seriously injured by negligent NHS care, they are entitled to compensation for their injury and its financial consequences. The NHS has a legal responsibility to compensate those it harms when NHS treatment falls below acceptable standards of care. 

What is NHS negligence?

NHS negligence is substandard treatment provided by medical professionals and others for whose work the NHS is responsible. NHS negligence occurs through both human and system errors resulting in delays in treatment, misdiagnosis, incorrect treatment, mistakes in care provision and injury.

If you or a loved one have been seriously injured or are permanently disabled as a result of NHS negligence, then you may be entitled to claim compensation for the injuries and the financial consequences of that injury.

Starting your NHS negligence claim

Our expert solicitors can help you or a loved one make a NHS negligence claim if an injury or disability has been sustained as a result of medical negligence.

To help support your NHS negligence claim, we will obtain medical records, any investigation documentation and treatment protocols. We will then take a detailed witness statement from you and others as necessary and instruct independent medical experts to consider the care you received and the consequences for you of the failings in your care.

The defendant may accept responsibility for your injury as a result of NHS negligence, and we may be able to negotiate the appropriate compensation award at this point.

If settlement is not achieved, we will start court proceedings and take your case towards trial keeping the defendant under pressure to agree settlement of your NHS claim. Over 95% of cases succeed without the need for trial but every case is prepared on the basis that a judge will need to decide all the issues in your claim that the defendant has not admitted.

We operate on a Conditional Fee Agreement (“no win no fee”). This means that you will not have to pay anything upfront and will only pay if your claim is successful.

Our extensive guide on making a medical negligence claim explains the whole process.

 

Why choose Boyes Turner? 

Our clients receive the highest standards of advice and representation and are always treated with compassion, outstanding care and understanding of the physical, emotional, psychological and financial impact that life-changing injury can have upon their lives.

  • We are nationally acclaimed medical negligence lawyers. We are recognised as leading clinical negligence experts by Chambers Directory and Legal 500.
  • Our award-winning solicitors are accredited for our expertise by the Law Society, AvMA and APIL. We secure maximum compensation settlements for our clients which make the best provision for their current and future needs.
  • We have an extensive & highly experienced medical negligence team with proven skills to succeed in high value, complex claims involving catastrophic injury and severe disability.
  • We only work with the top medical experts or treatment providers in the UK and work with many charities to help support rehabilitation.

NHS medical negligence claims frequently asked questions

The NHS has said sorry for my injury. Is that an admission of liability?

In most cases, the fact that hospital staff or a GP says sorry after something goes wrong is not the same as admitting liability. Saying sorry is a normal, caring response when something goes wrong, and NHS staff are expected to say sorry. Their obligation to say sorry comes from:

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How is medical negligence proved?

For a successful claim, we must be able to prove that your caregiver did not meet the NHS standards and that the negligence was directly linked to your injury. We are experts at gathering the necessary evidence to investigate and prove NHS liability for each client’s claim.

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NHS Resolution have admitted liability – do I need my own solicitor to handle my child’s cerebral palsy claim?

The NHS is defended in medical negligence cases by NHS Resolution. NHS Resolution also appoints its own solicitors to represent the NHS in negligence claims.

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Will my NHS negligence claim need to go to court?

In most cases where our own investigations and our experts are supportive of our client’s claim, we achieve out of court settlement before the case reaches trial. We can’t guarantee that any particular claim will settle without the need for a contested trial, but we take great care in investigating and preparing each claim that we take on.

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Getting help after medical negligence causes serious injury - is it wrong to sue the NHS?

We depend on the NHS to help us through sickness and injury.  When negligent NHS care causes or worsens a patient’s injury, it is natural for them to feel confused, betrayed and conflicted about their rights.

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Will my claim make it worse for other NHS patients?

Just like any other organisation or individual which has a duty of care to others, the NHS has a legal responsibility to compensate the people it harms. The NHS is not insured, but it receives funding from central government, with provision to pay for claims arising from negligently caused harm.  

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Will my claim stop the same thing from happening to others?

We can’t guarantee that any individual claim will improve another patient’s care. However, the government, the NHS and many medical organisations agree that the NHS has to learn if it is to reduce avoidable harm. 

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Will the NHS refuse to treat me/my child if we bring a claim?

No, the NHS should not change the care it gives to any patient or their family, simply because they are making a claim for compensation. 

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What is the difference between an NHS complaint and NHS compensation?

An NHS complaint is an informal or formal complaint which you make to the NHS provider about your treatment. The complaints process is designed to answer your complaint by investigating and explaining the issues you raise. The NHS complaints process is not designed to pay compensation.

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Resources

£21 million settlement for a severely disabled teenager whose brain injury and cerebral palsy was caused by midwife mistakes during his mother’s labour and delays in his delivery.

$23 million settlement in a kernicterus brain injury claim against an NHS trust for a New York resident child after community midwives failed to recognise that he had jaundice in the days after his birth. We pursued the claim in the English courts against the NHS hospital where our client’s neonatal treatment took place. His  compensation reflected the cost of meeting his needs in New York, where he and his family now live.

£3.6 million settlement for a child who suffered a neonatal meningitis brain injury and cerebral palsy after hospital staff failed to recognise that he needed antibiotic treatment for infection.

£1.5 million lump sum plus payments of £225,000pa for life in a settlement for a man who was left with tetraplegia (paralysis of all four limbs and body) after falling from the hospital chair where he was left to sleep following unnecessary spinal surgery.

£800,000 settlement for a 40-year-old man left with impaired mobility, bowel, bladder, and sexual function after his GP failed to diagnose and act on his symptoms of cauda equina syndrome (CES).

£1.4 million settlement for a young woman whose Erb’s palsy was caused by a brachial plexus injury at birth. Our client approached us as an adult, 14 years after another firm of solicitors had advised her parents that her claim, which they valued at £6,000, was too difficult to prove.

£950,000 settlement for a 60-year-old man with diabetes who needed a below knee amputation after GP surgery staff delays in diagnosis and treatment of Charcot foot, which he developed after a minor injury.

£800,000 settlement for a young woman who was left with permanent, severe pain, and physical and psychological injuries after GP and hospital delays in diagnosis and treatment of her cervical cancer. By the time her diagnosis was made, her tumour had spread too far for surgery. Her severe injuries were caused by the need for radical treatment with chemo-radiotherapy.

£750,000 settlement in a strongly defended claim for a former nurse whose entire left hand, right hand fingers and thumb, toes of her left foot, and right leg below the knee needed amputation after negligent treatment of post-surgical sepsis and necrotising fasciitis. She also suffered a psychological injury.  

£250,000 settlement for the bereaved widow of a man who died from stage 4 cancer after two GPs misdiagnosed his malignant melanoma (skin cancer) as a verruca.

£800,000 settlement for the bereaved family of a 28-year-old mother who died from ovarian cancer after years of negligent failure by a hospital to properly diagnose and remove an ovarian cyst.

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  • No upfront costs & no win, no fee
  • Expert rehabilitation help
  • Free & no obligation initial advice

Meet your specialist team

Our specialist NHS medical negligence claims team are considered leaders in the field and have a significant amount of expertise.
Susan Brown photo

Susan Brown

Partner

Julie Marsh headshot

Julie Marsh

Partner

Richard Money-Kyrle headshot

Richard Money-Kyrle

Partner

Sita Soni headshot

Sita Soni

Senior Associate - solicitor

Vanessa Wand photo

Vanessa Wand

Senior associate - solicitor

Rachel Makore headshot

Rachel Makore

Associate - solicitor

Tara Pileggi-Byrne photo

Tara Pileggi-Byrne

Associate - Solicitor

Alpa Rana headshot

Alpa Rana

Associate - solicitor

Fran Rothwell

Fran Rothwell

Associate solicitor

Ben Ireland headshot

Ben Ireland

Solicitor

Alice Carley headshot

Alice Carley

Paralegal

Audrey Elmore headshot

Audrey Elmore

Medical records coordinator

Nicky Melville headshot

Nicky Melville

Professional support assistant

Susan Brown photo
Julie Marsh headshot
Richard Money-Kyrle headshot
Sita Soni headshot
Vanessa Wand photo
Rachel Makore headshot
Tara Pileggi-Byrne photo
Alpa Rana headshot
Fran Rothwell
Ben Ireland headshot
Alice Carley headshot
Audrey Elmore headshot
Nicky Melville headshot

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What is a medical negligence claim?

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How much compensation can you get for medical negligence?

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How to fund a medical negligence claim?

Will I need a medical examination if I make a medical negligence claim for compensation?

What are the time limits for making a medical negligence claim?

Can I make a claim on behalf of a child?

How to make a medical negligence claim?

How long do medical negligence claims take?

How will medical negligence compensation be paid?

What is causation in medical negligence claims?

How can you prove medical negligence?

NHS cases

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Awards & accreditations

Our medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.

              Lifetime Lawyers Logo Brake | The Road Safety Charity

What our clients say

"Amazing support"

Fran has been an amazing support through a very difficult time for me and my family. Always available to speak and kept me in the loop with anything happening, she has been so kind, and I thank her so much for helping and getting my mum the justice she deserved.

Ms Alison

"Honest, approachable and truly empathetic"

What has to be some of the most testing horrible times was dealt with in a dignified, honest, approachable and truly empathetic manner. I could not begin to do Susan justice for her handling of our case.

Boyes Turner Client

"they kept us fully informed "

I approached Boyes Turner after my claim was turned down by one of the Medical Negligence Claim company. My wife was a victim of medical negligence.

Boyes Turner have acted so efficiently on our behalf and was able to win our case. Anytime we contact them, their customer service was very good as they kept us fully informed of every level our case has developed. They are very friendly and approachable and great in their professional advise. I would strongly recommend anyone approach them for their legal and medical negligence services.

Boyes Turner Client

"Thoroughly professional, knowledgable and approachable"

Thoroughly professional, knowledgable and approachable with communication and updates as and when needed, in what can be a drawn out process, I was always comfortable asking questions and always received answers which were clear and understandable. Highly recommend

Boyes Turner Client

"Amazing professional firm"

I came to Boyes Turner desperate after searching the web for a firm to use for my sons case. He was only a few months so my mind was all over the place, but from the very first point of contact I felt a sense of relieve and belonging. I was welcomed and looked after by amazing staff who always communicated everything so well and went the extra mile to explain things and ensure I understood what was happening every step of the way (THANK YOU SUSAN BROWN). Susan was amazing I felt like I not only had a solicitor but someone who understood my emotions as a mother and always handled me with so much compassion and that was all I needed to keep me going for the 6 years of the case. Years went by in a breeze because of how professional Boyes Turner was. I am so greatful I went through it all with them and mananged to get my son a good compensation. We look forward our new life where my sons needs are priority after struggling for so long. Thank you Boyes Turner and thank you Susan Brown. My family and I are ever indebted.

Boyes Turner Client
Rated Excellent 4.8/5