Content on this page requires a newer version of Adobe Flash Player.

Get Adobe Flash player
Medical negligence, youclaim.co.uk

Clinical negligence compensation and the NHS Litigation Authority

Where NHS patients feel they have a claim for clinical negligence compensation against the body charged with their care, although their medical negligence solicitor will lodge the claim against the NHS Trust liable for the hospital or doctor's surgery deemed responsible for the negligent treatment, it will be the NHSLA (National Health Service Litigation Authority) which defends the claim.

Reputable claims solicitors will be able to quickly identify whether you have a strong case for a clinical negligence claim and will act swiftly to help you receive any interim financial help, treatment or rehabilitation services required should you need it as a direct result of your condition's mishandling or mistreatment.

Do you have a clinical negligence claim against the NHS?
The NHSLA website states that for a person to be able to obtain clinical negligence compensation from the NHS, the following criteria must be met.

  • The doctor, or any other healthcare worker, charged with looking after the patient must have acted in such a manner which fell short of acceptable professional standards. The test to confirm this is whether the actions of the NHS staff member or members involved could be supported by a "responsible body of clinical opinion". It will not be enough to prove negligence by showing that other health professionals may have acted differently, if the "responsible body" supports the action taken to treat the patient.

  • Any harm suffered by the patient must be, on the balance of probabilities, directly attributable to the failure of NHS staff to meet the required standards of care. If it is likely that the harm would have occurred even if the health professional had acted differently, then the claim is likely to fail.

The NHSLA states that its remit is to ensure that negligence claims made against the NHS are handled "fairly and consistently". It says it will give due regard to the interests of both the patients and the NHS body or professional it defends.

Adding, "We seek to settle justified claims efficiently and to defend unjustified claims robustly."

According to the website, fewer than 2 per cent of cases which come before the NHSLA actually go to court – most are settled out of court and the remainder are, they say, not fully pursued by the claimant.

In certain cases, where financial compensation is not the major issue, the NHSLA will participate in mediation or another form of dispute resolution. The NHS complaints system can provide explanations regarding what happened and perhaps even issue apologies and/or information regarding any actions taken by the trust involved to ensure the same circumstances are less likely to happen again.

Clinical negligence compensation with YouClaim
If you feel you have a case for claiming compensation from the NHS, contact YouClaim today and we will quickly be able to advise you on your best course of action.

We have medical negligence solicitors who are extremely experienced in this field and will strive to ensure you receive the maximum amount of compensation possible for your mistreatment.

What's more, all our legal professionals are accredited by the Solicitors Regulation Authority, a branch of the Law Society, so you can rest assured that their representation will be top-quality and robust.

Call YouClaim today on 0800 10 757 95 to speak to one of our helpful legal advisers, or you can contact us via the web by filling in an online claim form, or selecting Live Help.

Whichever way you choose to get in contact with us you can be assured of an expert, professional service for your medical negligence compensation claim.

Can I claim?

Case Studies

Medical negligence injury news