NHS negligence solicitors

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?

The law says that medical treatment is negligent if no responsible body of medical opinion would regard it as acceptable. This means that NHS treatment must be of a reasonable standard. It does not have to be ‘best practice’.

Guidelines set out the standard of care that is expected of doctors and other medical professionals in many areas of medical practice. These guidelines are published by various organisations, including:

  • the National Institute for Health and Care Excellence (NICE)
  • the professional associations for each specialist area, such as The Royal College of Obstetricians and Gynaecologists (RCOG), The Royal College of General Practitioners (RCGP) or the Royal College of Midwives
  • NHS organisations, such as NHS Trusts
  • medical defence organisations which represent doctors, such as the Medical Defence Union or Medical Protection Society;
  • NHS Resolution, the NHS’s own defence organisation
  • the Department of Health and Social Care (DHSC)

How is medical negligence proved?

Medical negligence cases are complex. These cases should only be handled by specialist solicitors who understand the legal, medical and procedural requirements for proving a claim successfully.

Boyes Turner are recognised as experts in high value clinical negligence claims by:

  • Chambers Directory 
  • Legal 500
  • AVMA
  • APIL (Association of Personal Injury Lawyers)
  • The Law Society
  • NHS Resolution
  • top clinical negligence barristers and medical experts

We are experts at gathering the necessary evidence to investigate and prove NHS liability for each client’s claim. This evidence can include:

  • our client’s hospital and GP records
  • our client’s private healthcare records
  • the reports of any HSIB (Healthcare Safety Investigation Branch) or SUI (Serious Untoward Incident) investigation
  • the records from any coroner’s inquest
  • statements from our client and other witnesses to what happened

If our own investigations reveal clear evidence of negligence, we may ask NHS Resolution to admit liability, to save time and money and avoid further unnecessary investigations. If NHS Resolution admit full liability for our client’s injuries, then we:

  • ask the court for a judgment on liability
  • ask NHS Resolution (or, if necessary, apply to the court) for a substantial interim payment

If NHS Resolution refuse to admit liability, we instruct independent medical experts in the relevant area of medicine to examine the evidence and report on the standard of our client’s NHS care. Where the claim is defended, this important step must take place before we can begin court proceedings and pursue the claim, if necessary, to trial.

The experts will base their opinions on:

  • the medical records
  • standard guidelines
  • research studies published in peer-reviewed, medical professional journals, such as the BMJ
  • their own clinical experience
  • witness statements from our client and other witnesses, which, at a later stage in the case, will include statements of the defendant healthcare team and other evidence disclosed by NHS Resolution

We may need to obtain reports from more than one expert depending on the type of treatment, injury and resulting disability. We may need separate experts to report on:

  • whether the care was negligent
  • whether the negligent treatment caused our client’s injury
  • the effect and future prognosis (expected outcome) of the injury, disability and its consequences

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:

  • their NHS employment contract
  • their professional regulators
  • the statutory Duty of Candour (regulated by the Care Quality Commission)
  • guidance from NHS Resolution, the NHS defence organisation

In a clinical negligence claim, even after the NHS admits that the patient’s care was negligent, that is not enough to succeed with a compensation claim. A full admission of liability entitling the patient to compensation must also admit that the negligent care caused the injury suffered or made it significantly worse.

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. Occasionally, NHS Resolution and its lawyers contact the parents of babies who have suffered brain injury during childbirth. They do this when they know that NHS maternity care could lead to a compensation claim.

If NHS Resolution or one of their solicitors has contacted you and has admitted that your maternity care was handled negligently, it is vital that you immediately seek independent, specialist legal advice. 

Boyes Turner are one of the few firms who have experience of handling cerebral palsy claims under NHS Resolution’s Early Intervention Scheme. We have found that even when NHS Resolution admits to the brain-injured child’s parents that their maternity care was negligent, they do not always accept that this caused injury. The sooner the parent comes to us after a birth injury or contact from NHS Resolution, the sooner we can force the NHS to accept full liability. Then we can immediately begin meeting the child’s needs with a substantial interim payment

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. We do not take on a client’s case unless we believe that the claim is likely to succeed.

From time to time, a case can only be concluded by a court hearing, where, for example:

  • NHS Resolution decides to take a case to trial to test the courts’ approach to a particular type of claim
  • Where there is strong disagreement between each side’s medical experts about whether the standard of healthcare was negligent or caused the injury, and the court must decide
  • Where there is a factual disagreement about what happened, which must be resolved by the court before liability can be established

Where a client’s case must be decided at a court hearing, our caring and highly experienced solicitors and barristers ensure that our clients understand what to expect and are supported throughout the process.

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. Political statements often imply that it is morally wrong to claim compensation from the NHS.  This unfairly ignores the fact that negligent NHS care caused the patient’s need for compensation to help them cope with their new disability. This misunderstanding increases the pain and worry that patients and families feel after medical mistakes cause devastating injury. Many people deal with these emotions and fear of criticism by struggling to meet their own or their severely disabled child’s needs alone. This causes huge stress to patients and their families who simply can’t cope with the difficulties of disabled life and its financial pressures

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.  

Despite political statements designed to make patients feel guilty about claiming their right to compensation, it is inaccurate to suggest that compensation comes out of money needed for frontline NHS care.  Unjustifiable claims against the NHS do not succeed. In every case where compensation is paid, the NHS accepts (or the court has examined the evidence and found) that the injury was caused by negligent care.

At Boyes Turner, we take great care in our thorough scrutiny and investigation of the claims that we take on. We can therefore be confident that every case we present to NHS Resolution is justified, has been properly investigated and is likely to succeed. Our clients deserve nothing less from us and our impressive track record speaks for itself.

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.  Initiatives such as the Royal College of Obstetricians and Gynaecologists’ (RCOG’s) Each Baby Counts programme and Getting It Right First Time (GIRFT) are working to help the NHS learn from its mistakes.

The NHS will only learn from its mistakes if it is accountable for them. Meanwhile, those who are negligently injured have a legal right to compensation.

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.  In our experience, however, over time the parents of children with cerebral palsy and severe neurological disability often find that the NHS is unable to meet their disabled child’s increasing needs. For these families, the only way to obtain financial help to meet their child’s needs is by making a claim for compensation. For many, this can be a tough decision, but our clients often tell us that they felt it was the only way they could properly provide for their severely disabled child.

 

Admission of liability for a two-year-old girl with Erb's palsy

Boyes Turner’s birth injury lawyers have secured an admission of liability for a two-year-old girl with Erb’s palsy which was caused by the defendant hospital’s obstetric staff’s negligent management of her birth. Planning the...

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£700,000 settlement for cervical cancer after hospital failed to follow up abnormal smear and biopsy

Boyes Turner’s medical negligence solicitors have secured a £700,000 settlement for a woman who developed cervical cancer when an NHS hospital failed to follow up abnormal results from her smear and biopsy tests. Abnormal smear test Her GP...

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£750,000 settlement for delayed sepsis treatment multiple amputee

Boyes Turner’s amputation specialists have negotiated a £750,000 settlement for a woman in her sixties whose entire left hand, fingers and thumb of the right hand, toes of the left foot, and right leg below the knee required amputation following...

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Settlement for patient with loss of vision in one eye after GP's failure to refer to stroke clinic

Boyes Turner’s medical negligence specialists have negotiated a £150,000 settlement for a client who lost her central vision in one eye after her GP failed to recognise that she was suffering from ‘amaurosis fugax’ transient retinal...

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Lump sum and care payments for life for patient left tetraplegic after a fall in hospital

Boyes Turner’s spinal injury specialists have obtained a substantial settlement for a tetraplegic client whose devastating condition was caused by a fall from the hospital chair where he was left to sleep after undergoing unnecessary spinal surgery ...

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£480,000 settlement for additional sight-loss from delayed diagnosis of craniopharyngioma

Boyes Turner’s medical negligence lawyers have achieved a £480,000 settlement for a boy whose inevitable sight-loss from a rare, benign brain tumour was worsened by a six-month delay in diagnosis. Delayed diagnosis The two-year-old boy’s...

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Liability judgment for diabetic amputee after delay in treatment

Boyes Turner’s amputation specialists have secured a liability judgment for a 40-year-old diabetic man who suffered a below knee amputation after the nurse practitioner at his GP’s surgery failed to refer him to a multidisciplinary foot care...

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Four year delayed TB diagnosis leaves mother with severe respiratory disability

Boyes Turner’s medical negligence specialists have secured a £2 million settlement for a mother in her early 40s who was left with a significant respiratory disability by nearly a four-year delay in diagnosis and treatment of her tuberculosis...

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$23 million compensation for boy with cerebral palsy from kernicterus brain damage

Boyes Turner’s medical negligence team have negotiated a $23 million damages settlement for a boy who suffered kernicterus brain damage in the first few days after his birth. The community midwives who visited him at home failed to recognise that he...

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Delayed treatment of tumour leaves woman partially blind

Boyes Turner’s medical negligence specialists have secured an admission of liability for a young woman after hospital delays in diagnosis and removal of a non-malignant tumour left her virtually blind in her left eye. The claimant had been referred...

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Medical Negligence FAQs

  • How much compensation can you get for medical negligence?

    In England and Wales, the law says that compensation for medical negligence should put the injured person back in the position that they would have been in but for the negligently caused injury, in so far as money can. This means that compensation is calculated carefully to reflect the injured individual’s personal circumstances. Whilst the way in which we calculate damages follows certain mandatory principles and practises, the differences in our clients’ injuries, pre-injury lifestyles and post-injury needs means that no two claims will be the same.

    The compensation that an injured person receives from a medical negligence claim depends on:

    • the type and severity of the injury/disability that was caused by the negligent treatment;
    • the cost of meeting the individual’s additional needs which arise from that injury, such as the cost of full-time care, necessary adaptations to housing, therapies, specialist equipment;
    • the financial losses that arise from that injury, such as loss of net income from being unable to work;
    • the length of time that the injured person will be affected by those costs or losses - for example, loss of earnings may be calculated to retirement age, whereas costs of care may continue to the end of life.

    Financial costs and losses will include past losses – from the date of the injury to the date of settlement – and future loss, beginning at date of settlement and projected into the future. Past losses will also include interest.

    All annual (recurring) costs, such as loss of earnings or the cost of care, are multiplied by a ‘multiplier’. The ‘multiplier’ is a figure which represents the number of years that the cost or financial loss will be suffered. It has been adjusted by a ‘discount rate’ which is set by the government. The discount rate allows for the fact that the claimant (injured person making the claim) receives their lifetime’s worth of compensation money early and can invest it and earn interest on it. The aim of the discount rate is to adjust the compensation paid for future losses to ensure that the claimant is neither over nor under-compensated.

    At Boyes Turner we take great care in the way we investigate and gather evidence of our clients’ needs and losses to ensure that our clients receive the maximum possible compensation for their injury. By ensuring that we understand each client’s individual needs, we are able to claim the highest levels of compensation and negotiate the best possible settlements for them.

    Where our client’s life expectation is long or uncertain, it is natural for their family to worry about whether there will be enough money to pay for their care in the long-term future. Where guaranteed provision for lifelong care costs is a priority, we negotiate settlements which combine lump sum payments with guaranteed, index-linked, lifelong, annual payments (known as periodical payment orders or PPOs). The lump sum gives the client flexibility and helps pay for capital costs. The PPO annual payments ensure that the client will always have a regular income which covers the cost of their care. Payments made by PPO are tax-free.

    Each settlement is skilfully negotiated and carefully structured to ensure that the compensation settlement is a source of financial security, certainty and peace of mind for our client and their family.

    Where negligent medical treatment has resulted in the patient’s death, depending on the individual’s circumstances, their family (as individuals or via the deceased’s estate) may be entitled to compensation for:

    • the deceased’s pain and suffering from the date of negligent injury to the date of death;
    • any dependent family members’ ‘loss of dependency’ on the deceased’s income or services;
    • funeral costs and other costs arising from the deceased’s injury and death;
    • a statutory bereavement payment.
  • How can you prove medical negligence?

    Medical negligence cases are legally and medically complex. If you have been seriously injured by medical negligence and want to claim compensation, it is essential that your solicitors specialise in clinical negligence and understand what is required, both legally and medically, to prove your claim.

    The law says that a medical practitioner is negligent if they have acted in a way that no responsible body of medical opinion would regard as acceptable. That means that if the care given was of a reasonable standard the court will not regard it as negligent, whatever the result.

    Where healthcare is found to be (legally) negligent, then the claimant (the person making the claim) must prove that their injury was caused or significantly worsened by the negligent care. This is important because the patient may already be very ill when they receive negligent medical care. In those circumstances, they must prove that their injury (and its financial consequences) would have been avoided or greatly reduced if correct treatment had been given. This aspect of the medical negligence claim is known as ‘causation’. Causation must be proven, even if negligence is admitted, for the claim to succeed and compensation to be awarded.

    Negligence and causation must be proven by supportive opinions from medical experts. We instruct experts in the same field of medicine as the negligent care to tell us whether the care that was given was of a reasonable standard. If negligence is proven, we ask medical specialists in the type of injury suffered, to confirm whether our client’s injury was caused or made worse by the negligent treatment, or would have been reduced or avoided with correct care.

    The medical experts make their assessments by examining the evidence:

    • the best evidence is often contained in the patient’s medical records which were written contemporaneously (i.e. at the time of the treatment);
    • reports of investigations carried out by the NHS trust, GP practice or Healthcare Safety Investigation Branch (HSIB);
    • evidence from a coroner’s inquest or pathologist if the patient died;
    • witness statements from our client and other witnesses;
    • any statements from the defendant’s witnesses – the doctors, nurses and other healthcare providers – which have been disclosed by the defendant healthcare professional or the NHS organisation that employed them.

    The experts may also back up their opinion with other reputable sources of professional information, such as:

    • guidelines published by The National Institute for Health and Care Excellence (NICE), relevant professional training bodies, such as the Royal College of Obstetricians and Gynaecologists (RCOG), or guidelines from the NHS Trust where the doctor worked;
    • research studies published in peer-reviewed, medical professional journals, such as the BMJ.

    They will also draw on their own clinical experience when giving their opinion about whether the treatment given was to a reasonable standard and was responsible for causing the injury.

  • How to make a medical negligence claim

    If you think that you or a family member have received negligent medical treatment which has caused serious injury or disability, we recommend that you speak to one of our friendly, experienced clinical negligence team as soon as possible. You can contact us by telephone or by email. Your enquiry will be handled confidentially and preliminary advice in relation to pursuing a claim will be given free of charge.

    Our solicitors will:

    • ask you to tell us, briefly:
      • what has happened;
      • what you think went wrong;
      • about your injuries;
      • how the injury has affected various aspects of your life.
    • advise you about the limitation deadlines (time limits) which apply to your claim;
    • advise you whether we are able to help you investigate your claim.

    If we are able to help you, we will;

    • ask for your medical records or authority to apply for them on your behalf;
    • discuss funding methods for making your claim and take steps to secure the best method of funding;
    • take a detailed statement from you which captures your recollections of the events which led to the injury and are relevant to the claim;
    • instruct medical experts to advise on breach of duty (to prove negligence) and causation;
    • we may also arrange a meeting with the experts and a barrister (counsel) to which you will be invited to attend.

    Once our initial investigations have taken place, we will;

    • discuss with you the strengths and weaknesses (the merits) of your claim;
    • discuss with you our strategy for pursuing the claim;
    • discuss any further evidence that is needed to support your claim;
    • notify the defendant (hospital or doctor) of your intention to pursue a claim and invite them to respond, giving them an opportunity to admit liability, before court proceedings are issued.

    If liability is admitted, we will enter judgment and apply for an interim payment as soon as possible to meet any urgent needs that you may have as a result of the negligently caused injury.

    If liability is disputed, we will discuss with you the further steps that we need to take to progress your claim.

    At all times our approachable, experienced clinical negligence lawyers will ensure that you are informed of any developments and understand the process. Your solicitor and our friendly support staff will always be available to discuss any concerns or queries that you might have along the way.

  • Is there a time limit for claiming medical negligence compensation?

    The law states that, in most cases, someone who has been injured as a result of medical negligence has three years from the date of the negligence which caused the injury to issue court proceedings. If they fail to issue court proceedings within that time, their claim will be statute barred, meaning that they lose their right to bring a claim.

    There are the following exceptions to the three-year rule:

    • if a child is injured before they are 18, their three-year deadline expires on their 21st birthday. In other words, their time doesn’t start to run until they are 18;
    • if the injured person is mentally disabled (lacks mental capacity) then their time doesn’t begin to run at all, unless their mental capacity is restored;
    • where the injured person has died as a result of negligent treatment, the three-year time limit expires three years after the date of their death;
    • if the injured person couldn’t have known that they had been injured by negligence, the court may allow a valid claim to proceed. In these circumstances, the claim must be issued within three years of when the injured person first became aware (or should have suspected) that they had been injured by negligent care;
    • the court has a general discretion to extend the time limit in cases where none of the above exceptions apply, but only does so in exceptional circumstances.

    Regardless of your time limit, we recommend that you contact us as soon as you can after the injury has taken place, even if at that stage you are only considering whether to make a claim. By contacting us early:

    • you may avoid later problems with deadlines;
    • we can advise you how to collect and preserve essential evidence;
    • we can ensure you have the best chance of securing your entitlement to full compensation for your claim.
  • How long do medical negligence claims take?

    The duration of a medical negligence claim depends on the individual circumstances of the client’s case. The claim is likely to take less time to conclude where:

    • liability is admitted by the defendant (NHS hospital or doctor);
    • the injured person’s injuries have stabilised and their prognosis (long-term outcome) is clear;
    • the injured person’s needs, the costs of meeting those needs and other financial losses are straightforward and easy to assess clearly.

    Circumstances which make the claim more complex and therefore take longer to resolve include:

    • where the defendant disputes that they were negligent or that the medical treatment given (even where admittedly negligent) caused the client’s injury;
    • where the injured person is a child whose disability is expected to change with their growth and development over time;
    • where multiple experts in different disciplines are needed to assess complex injuries and the likely long-term outcome.

    Our nationally acclaimed clinical negligence solicitors have helped hundreds of individuals and families whose lives have been devastated by medical negligence and we understand the impact that these tragic events and their financial consequences can have. We work hard to secure early admissions of liability and substantial interim payments so that we can begin to alleviate financial hardship and provide essential care, respite, specialist equipment, therapies and home adaptations long before the claim has settled. With liability judgments secured and interim funds in place, the individual and their family are able to focus on rebuilding their lives whilst we concentrate on valuing and negotiating settlement of the claim.

  • Will I need to go to court to claim medical negligence compensation?

    Our highly experienced medical negligence lawyers are recognised by Legal 500 and Chambers as experts in handling clinical negligence claims. Whilst we cannot guarantee that any particular claim will settle out of court, we take great care in investigating and preparing each claim that we take on. Our clients’ claims usually settle successfully without the need for a contested trial.

    Occasionally, cases can only be concluded by a formal court hearing, such as where:

    • NHS Resolution, the NHS’s defence organisation, decides to test the courts’ approach to a particular type of claim by taking a case all the way to court;
    • there is a point of law in a claim which needs clarification to avoid confusion is future cases;
    • where there is strong disagreement between the medical experts for each side about whether treatment amounted to negligence or caused the injury, needing the court to decide;
    • where there is a factual dispute about what happened between the parties which must be decided upon by the court before liability can be determined.

    Where our client’s claim is complicated by any of the above, we may advise our client that for the case to proceed it must go to a court hearing. Our caring and highly experienced solicitors and barristers ensure that our clients are always kept informed and supported.

    Even in non-contested cases, there will be occasions when the case is brought for shorter hearings before the court, such as after a settlement for a child or brain injured adult without mental capacity takes place.  In these cases, the lawyers for both sides present the agreed settlement to the court for the judge’s approval.

  • How to fund a medical negligence claim

    • Legal Aid – for brain injuries at birth

    As top-rated specialists in cerebral palsy and other serious neurological disability claims, we have access to Legal Aid funding for eligible clients. Where the child’s case is funded by Legal Aid, the family can be sure that on the successful conclusion of the claim, their child will receive their full compensation without any deduction for legal costs. Where Legal Aid is available for a child with serious brain injury, we believe that it is in the child’s best interests for their claim to be covered by Legal Aid.

    This form of funding is only available to those who have suffered a brain injury, such as cerebral palsy, at birth or within the first few weeks of life. The child must have suffered their brain injury in England or Wales, and they must not have substantial funds of their own. The parents’ finances are ignored for the child’s application.

     Legal Aid funding will only be given to a child where their claim is handled by a solicitor who has been approved as a specialist in cerebral palsy and child brain injury claims by the Legal Aid Agency.

    •  No win no fee – conditional fee agreement (CFA)

    Where Legal Aid is not available, we act for clinical negligence clients on a conditional fee agreement (CFA or ‘no win no fee’) basis.  Just as the name says, no win no fee means that unless our client wins their case there are no legal fees for them to pay. If the case fails, we do not get paid for the time we have spent working on their case. Our client’s liability for disbursements (such as expert and court fees) and any entitlement the defendant might have to legal costs is paid by an after-the-event insurance policy. 

    CFAs make it easier for people to afford a legal claim because they do not have to pay any upfront charges. There are no legal bills along the way. They pay nothing if they lose their claim. If they win, nothing is payable until the end of the case.

    •  Legal Expense Insurance

    If an injured person has legal expense insurance which was in place at the time that they were injured by medical negligence, their legal expense insurance policy might help with funding their claim. If you have legal expense insurance, you should let us know as soon as you are considering making a claim.

The service was personal, professional and considered. I was treated so kindly and in the end I knew that not only had I found the right organisation but also the right person.

Boyes Turner client

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