NHS Compensation

How do you prove negligence?

To take legal action and claim compensation for you, our solicitors need to demonstrate ‘breach of duty of care’ and ‘direct causation’.

Breach of duty of care is when a medical professional fails to make the decisions and take the actions that a substantial body of reasonably skilled similar professionals would have taken in the same situation.

To prove breach of care, we instruct medical experts to examine your case and to decide whether the care you received fell below an acceptable standard.

If a medical expert says that the treatment you received demonstrates a breach of duty, we will ask them to decide whether that breach caused avoidable harm. This is known as ‘causation’.

If it is likely that the health professional caused the harm or injury you suffered, then you should be entitled to receive compensation from the NHS.

Will I have to be seen by a medical professional?

Initially, a medical expert report is obtained to assess whether there has been negligence or breach of duty based on a review of the medical records only.

Your solicitor will need to gather as much evidence as possible to support your case. If liability is supported by an independent medical opinion, which is a vital part of the evidence, it is likely you will then need to be seen by a medical expert.

Appointments are usually between 30 minutes and an hour. Following the appointment, your solicitor will receive a report from the medical professional. The report will detail the extent of your injuries, how long it is likely to take you to recover and your medical needs.

The amount of compensation you receive depends upon the extent of your injuries and the impact they have on your life now and in the future.

Who can claim against the NHS?

Medical negligence claims can be made by anybody who has been injured as a result of NHS malpractice in a clinic, hospital or dental practice.

Legal action for medical negligence compensation can also be taken by the next of kin. This applies when an injured person does not have the capacity to bring a claim or by the Personal Representative of the Estate when they have sadly died due to negligence.

Why claim compensation?

We know claiming compensation from the NHS cannot change what has happened to you.

For many people claiming compensation is also a way of seeking justice. Claimants may also want to know why things went wrong and to receive an apology and ensure there is less chance another person will suffer similar negligence in the future.

Why choose Davisons for your NHS compensation claim?

Our sympathetic solicitors will gather strong evidence to support your case.

We have many years of experience with NHS compensation claims for injuries and mostly pursue claims on a No Win No Fee basis in conjunction with Insurance, subject to the approval of the Insurer, to cover expenses such as medical expert reports.

We will guide you throughout the claims process, answering all your queries and questions.