Suing the NHS

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Can you sue the NHS for malpractice / negligence?

One of the first questions you will have is, can I sue the NHS? These cases revolve around four components, and each must be proven by the plaintiff. The first is the duty element. This is inherent whenever a hospital or health care provider engages in the care and treatment of patients. This duty must have been breached. That means the health care provider did not provide the expected level of care.

The breach must be directly responsible for patient injury or death. Patients must suffer damages. Without damages, there are no legal ramifications. When these conditions have been met, the defendant is the health care provider, and the plaintiff is the patient. In cases of wrongful death, the patient’s representative becomes the plaintiff.

NHS negligence often involves medical errors which lead to patient injury or death. These incidents involve health care providers performing acts or making omissions that deviate from the medical community’s standards of practice. While health care workers focus on providing the best care possible, mistakes are often made.

Can I sue the NHS after 3 years?

As with almost all compensation claims of this type you have three years from the ‘date of knowledge’, this is usually the date of the injury or illness date or when you became aware of the problem. Sometimes there are exceptions, for example people unable to make their own legal decisions such as children or adults unable to make their own legal decisions.

In the case of defective medical equipment or products a claim must also be made within 10 years of that product going into circulation. This cannot be extended. Time limits are always on a case by case basis. We can of course help identify this when investigating your claim.

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Many patients receive excellent care from the NHS, but mistakes can be made.

Another critical component of the organization’s mission statement is the ongoing work of its staff to enhance the quality of care and minimize errors. While many patients receive excellent care, mistakes are often made. In anticipation of this, the organization has set-aside funds to cover related expenses.

Can I sue the NHS for misdiagnosis?

This is a common question we are asked, misdiagnosis can and does happen and sometimes this is due to and can be proved as negligence.
Medical misdiagnosis a common form of clinical negligence and covers a wide range of topics. Misdiagnosis usually manifests itself in two ways.

1. Completely undiagnosed – a doctor or specialist fails to spot and identify the issue at hand.
2. Incorrect diagnosis. For example misreading the signs of cancer.

NHS neglect & being held accountable

Neglectful medics, doctors, nurses and other healthcare workers must be held accountable for their actions. Reprimanding those who provide inadequate, irresponsible care can help ensure the overall quality of healthcare increases. When one patient is prevented from receiving inferior healthcare, it makes the environment better for all patients.

NHS set-aside

The National Health Service has set-aside nearly eight million pounds to cover malpractice claims through 2020. Officials say that amount is about one percent of the organization’s budget. Patients file these claims when they did not receive appropriate treatment. These includes cases where medical intervention hampered healing processes, and caused additional pain and injury. Known as medical accidents, they cause more post-care problems than the patient experienced before care was provided. These are situations in which the patients did not request the intervention, are not at fault for procedures performed, and should receive compensation for damages incurred. The damages can be physical injury, extreme emotional turmoil, and death. Often, these claims can provide patients with the respect, funding, and resolutions necessary to move forward.

NHS Constitution

Workers in the National Health Service are bounded by the organization’s constitution. It defines the legal responsibilities and rights of staff members, the organization itself, and those who utilize its services. In addition, it defines non-binding pledges that relate to various key facets of its operations.

The organization’s core principles are based on those developed by its founders on July 5, 1948. They are grounded in the assumption that everyone deserves access to quality healthcare, regardless of income. The initial three principles focused on the ability for services to meet the needs of everyone, the services are provided free at their point of delivery, and that they are based on need, rather than the ability to pay.

In July 2000, several modifications were added to the organization’s fundamental mission. They include the ability to provide a full range of services, and that these services are adapted to the individual needs of each patient and her or his family. Another critical element is the ability to respond to the diverse needs of the country’s population. Other components focus on supporting and valuing staff members, keeping people healthy and reducing health inequalities, respecting patient confidentiality, collaborating with others to ensure the best services are provided to patients, and using public funding designated to healthcare solely for patient care. Additionally, the organization should provide access to information about treatments, performance, and services.