Although the NHS is a public funded organisation, it is still possible to make a claim for personal injury compensation from them. Funds are set aside for people to make a claim where genuine negligence has taken place.
Proving that you are the victim of medical negligence is extremely hard to do – read on for more advice about this.
Contrary to popular belief, you cannot simply claim from the NHS for anything. You can only claim where we can prove that the care you received was below the expected standard – and this is very hard to prove. A lot of it can be based on medical evidence from experts we instruct, and using evidence from your records.
It can be difficult to get an independent expert we instruct to put their career and reputation on the line. They need to confirm that they believe the care received was not good enough, and this is a hard thing to show. When it comes to medical records, they may not be necessarily supportive.
We also need to show that what has happened could have been avoided. There are certain procedures that carry risks, and there are certain symptoms that can point to many different things. It is not as easy as some assume to diagnose a condition right away. Sometimes it takes time.
So you do face an uphill struggle unfortunately. It is difficult to advise on a blog whether you may have prospects of success for a claim, so you should always contact us on 0800 634 75 75 for free and friendly legal advice. We’re happy to help – and it’s no obligation, and no win, no fee.
Some examples where claims can win if we can prove negligence:
- Failing to diagnose you when there was enough evidence that could have led to a diagnosis
- Surgical mistakes through carelessness
- Failing to refer you to another consultant or for treatment when you should have been
