Suing the NHS As a Result of Medical Negligence is on the Increase

The amount of compensation paid out by the NHS Litigation Authority (which deals with claims against the NHS) rose from £65.5 million in 1990 to £560.3 million in 2006. This is clearly a significant rise even allowing for inflation. What is more worrying that some hospitals seem to have created more negligence that others, with an increase of 300% in some of them. The total NHS Medical Mice estimated amount of outstanding claims across England and Wales is £8.22 billion.

Medical negligence claims against the NHS are dealt with under the Clinical Negligence Scheme For Trusts Guidelines, which are supposed to ensure that the claims are dealt with effectively and efficiently. That being said, the average time to deal with a claim is still 1.46 years.

To establish a medical negligence claim against the NHS you must not only establish that you received poor treatment or the wrong treatment, but that the treatment or lack of it was so far below the usual standards that it amounted to negligence. It is a strict and not straightforward test. In addition, the patient must prove that the negligence has led to the injury or injuries sustained.

When a medical negligence claim is made against the NHS the NHS Litigation Authority will carry out a risk assessment to see what they think there chances are of losing the claim. If it considers the NHS to be at risk of losing the medical negligence claim they will make offers in settlement of it. However, nuisance or trivial claims will quickly be rejected by the Authority. These sort of claims should be minimal as medical negligence requires a specialist solicitor that understands the system for suing the NHS very clearly.

More and more patients are suing the NHS for medical negligence for two reasons.

1. Sadly there seems to be an increase of innocent victims suffering at the hands of medical professionals, and
2. People are more aware of their rights to claim compensation when they have suffered a significant injury as a result of someone else’s negligence.

You should not be afraid to consider suing the NHS for Medical Negligence if your injury is serious as you have a right to compensation for your pain and suffering, and if you do not take action the same negligence could be inflicted on many more patients in the future. Improvements can only be made if the NHS are made aware of poor or negligent treatment.


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