What Is Medical Negligence?
Medical negligence, often referred to as clinical negligence, happens when a healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. This failure can lead to injuries, illness, the aggravation of existing conditions, or even death.
Types of NHS Negligence Claims
All doctors, nurses and other medical practitioners have a legal duty to exercise reasonable care when diagnosing and treating their patients. If there is medical negligence during treatment or care in an NHS run institute, then an NHS compensation claim could be made. This includes the following:
– GP negligence, including negligence by a physician associate
– Hospital negligence against NHS run hospitals
– Poorly managed pregnancy and labour that result in birth injuries in an NHS hospital
– Delayed diagnosis at a hospital or by a GP
– Infections caused whilst staying at an NHS run hospital
– Misdiagnosis of medical conditions that lead to incorrect treatment
– Medication errors and prescription error claims
– Cancer claims due to delayed or misdiagnosis
Medical negligence is severe and extremely rare, however when it does happen, it can be life changing, devastating and stressful. Our team of medical negligence experts want to hear your story and offer you the correct support possible.
Worried about claiming against the NHS? Claims are generally managed by solicitors for the NHS, not your local hospital or doctor.
Can I Make a Claim Against the NHS For Medical Negligence?
Deciding to pursue an NHS compensation claim can be challenging and overwhelming due to the legal complexities involved. Our experienced NHS negligence claims solicitors specialise in managing a diverse range of cases, from simple to intricate. We offer expert support and guidance to ensure that your claim progresses smoothly and effectively.
When you contact Howells Solicitors for a free consultation, we will first ask you to provide some basic information about what has happened and how. We’ll then take you through it step by step, at your own pace, and if we feel your claim warrants further investigation, a case will be opened, and your solicitor will go through your claim funding options with you and will discuss a no win, no fee* option with you.
Once funding is arranged, we will then gather evidence from your medical records and your expert medical negligence solicitor will review this to identify, if any and what mistakes were made, and the impact these have had on your current condition or recovery.
Then we’ll start legal proceedings by sending a Letter of Claim to the Defendant.
We work hard to claim interim payments, which allow those who’ve suffered serious injuries to receive part of their compensation before their case settles. We also offer a wide range of dispute resolution option to help settle your compensation claims, which helps keep the legal litigation to a minimum and helps avoid the case being dealt with at court. This will usually ensure your claim is settled quicker and with less stress to you and your family.
If you think you have a claim and would like to speak to us, fill out an assessment form or call us on 0114 2496 611 to book your free assessment today.
NHS Negligence Solicitors
Given the complexities that can arise when pursuing an NHS negligence claim, it is important you choose a specialist medical negligence solicitor with a proven track record of handling complex clinical cases.
Our NHS negligence team pride themselves on the breadth of cases we can investigate. We have a national medical negligence team, all of whom only practice in this area of the law. This ensures we can offer dedicated and specialist advice to guarantee you receive the rehabilitation, support, and compensation you deserve.
From the start of your claim, our NHS negligence solicitors will guide and support you through the claims process with compassion and understanding. We offer a free consultation to discuss your story, and we will signpost you to the best possible support for you based on your situation.
If we take your case on, we will explain everything to in plain English, offer support, and help you find a suitable funding option to help make your claim successful. We will aim to provide straight forward advice that seeks to limit both legal and medical jargon, to ensure any stress and anxiety relating to the claim is kept to a minimum. Our medical negligence team will be with you every step of the way. We want to ensure that you are properly looked after so we focus on you and your recovery as well as your medical negligence claim.
We understand that contacting a solicitor can be worrying, but our team is approachable and easy to talk to. You can find a number of client reviews on our Review Solicitors profile. Remember, we are on your side and can help you rebuild for the future.
Fill out an assessment form or call us on 0114 2496 611 to book your free assessment today.
No Win No Fee Medical Negligence Claims
We believe that everyone deserves access to justice, regardless of their financial circumstances. Our no win no fee agreement, also known as a conditional fee agreement (CFA), helps you take legal action. You don’t have to worry about upfront costs.*
In most cases, if accepted on a no win, no fee basis, you won’t pay a penny upfront for our legal services*. The basis of a CFA is that you will not be required to pay our legal fees if the compensation claim is unsuccessful. Meaning, you will not pay any fees to us unless we win your case for you*.
You can find more information on our no win no fee medical negligence page. It includes a full list of terms and conditions.
*There are circumstances where you would be asked to pay any outstanding costs even if you don’t win your case.
You may need to pay for services from Howells Solicitors in certain situations. These include being dishonest, not giving your solicitor instructions, or rejecting an offer against their advice. Other examples are the death of the claimant, cancelling your claim, and moving without telling your solicitor.
In these cases, you might also have to cover the defendant’s costs. Client’s may be asked to pay disbursements up front or must stand to the cost of a medical report if a second opinion is obtained. In some instances, you may need to pay for medical reports or other third-party payments upfront. We would discuss this with you before making any decision.
Our NHS Negligence Solicitors
Our medical negligence team cover the entirety of England, and have physical offices in:
- Sheffield
- Barnsley
- Rotherham
You can arrange appointments face to face, or we offer telephone or video call options available. If you can’t make it to our office, we could arrange for a member of the team to visit you at home.
Flexible Appointments
We understand that dealing with medical negligence matters can be stressful, and finding time to attend in-person appointments isn’t always easy. That’s why we offer our full range of medical negligence services remotely, offering a more efficient and convenient service. We can offer our medical negligence legal support via telephone or secure remote online meetings.
This approach allows you to access expert legal advice from the comfort of your home, without the need to travel or rearrange your schedule. If your case requires a court hearing, many procedural matters are now handled remotely too, ensuring your legal journey is as smooth and accessible as possible.
Our remote services are designed to be just as personal and confidential as in-person consultations, with clear communication and full transparency every step of the way. Remote appointments are offered throughout the case, and most correspondence can be handled by email and Howells secure Client Portal.
Whether you’re dealing with sensitive medical negligence/personal injury matters or simply seeking guidance, we ensure a smooth, stress-free experience that puts your needs first. Whilst we appreciate that remote services offer convenience, they may not be suitable for everyone. If you do wish to meet us face to face, you can book an appointment at one of our offices in Sheffield, Barnsley or Rotherham.
Free Medical Negligence Initial Appointment – Step by Step
Step 1 – Book Your Free Consultation
Contact our medical negligence solicitors by completing our online form or by calling 0114 2496 611. We’ll arrange a free appointment at a time that suits you, including during lunch breaks or after work.
Step 2 – Share Your Story
During your initial telephone appointment, our friendly solicitors will listen to your concerns with care and compassion. We’ll ask for some basic details about what happened and how you’ve been affected.
Step 3 – Get an Initial Assessment
We’ll let you know quickly whether we can help with your medical negligence claim. Our team handles all types of cases, whether large or small.
Step 4 – Understand the Process
Your solicitor will explain the medical negligence claims process in simple terms, guiding you step by step at your own pace.
Step 5 – Case Investigation
If we believe your claim requires further investigation, we’ll open a case and discuss your next steps, including funding options and legal costs.
Step 6 – Ongoing Support
From your first appointment onwards, our medical negligence solicitors will provide expert advice, compassionate support, and clear guidance to help you secure the compensation and rehabilitation you deserve.
How to Make a Medical Negligence Claim – Step by Step
Step 1 – Free Consultation
Contact Howells Solicitors on 0114 2496 611 or complete our online form. During your free consultation, we’ll ask for some basic details about what happened and how you were affected.
Step 2 – Initial Assessment
Our specialist medical negligence solicitors will review your case and let you know if further investigation is needed. We’ll explain your funding options, including No Win, No Fee agreements.
Step 3 – Case Investigation
If your claim proceeds, we’ll collect and review your medical records. Our expert solicitors will work with independent medical professionals to identify errors in your treatment and the impact on your health.
Step 4 – Letter of Claim
Once evidence is gathered, we will formally start legal proceedings by sending a Letter of Claim to the Defendant (hospital, GP, or healthcare provider).
Step 5 – Interim Payments
Where possible, we will secure interim compensation payments to help cover immediate care, rehabilitation, or financial needs while your case continues.
Step 6 – Settlement or Court
We aim to resolve claims through negotiation or mediation, helping you achieve a faster and less stressful outcome. If necessary, we’ll represent you in court to secure the compensation you deserve.
NHS Negligence Frequently Asked Questions
Will I still be entitled to NHS care after making a claim?
Yes, you are still entitled to healthcare and treatment on the NHS, even if you have submitted an NHS compensation claim. If you would feel uncomfortable continuing to receive care and treatment at your practice, you can change your healthcare provider and receive treatment elsewhere if you’d prefer.
Will the doctor or health professional who treated me lose their job?
A medical negligence claim can’t directly affect any internal action against those responsible for any negligence. A medical negligence claim runs separately to any formal action taken by the NHS institutions against any medical professional.
How long do NHS negligence claims take?
The length of medical negligence claims varies considerably and is quite often affected by external factors, such as waiting for medical records to be provided and for experts to complete their reports. It can also depend on how complex the case is, the issues that need to be investigated, and the extent of the evidence that needs to be gathered. In all appropriate cases, we will apply for interim payments.
The duration of a medical negligence claim is largely influenced by the defendant’s actions. Most claims are resolved before reaching court; however, if the defendant disputes liability, the process could be significantly prolonged.
Even when liability is acknowledged, rushing a settlement is not advisable. The full impact of injuries might only become clear after several years. Therefore, it is crucial that your medical negligence solicitor keeps you informed about your case’s progress and advises on whether additional time is necessary before your claim can be accurately valued and settled.
How long do I have to make a claim?
There are strict time limits for NHS negligence claims in the UK. All claims involving medical negligence are subject to a three-year time limit. This time limit starts from the date of negligence or from the date you knew your injury was linked to the poor care. Three years is not a long time and investigations are a slow process, so if you have been subject to medical negligence, you should contact a medical negligence solicitor as soon as possible.