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On what grounds can you sue the NHS?

On what grounds can you sue the NHS?

The simple answer is yes, medical negligence in the NHS can happen any time, it could whilst you are undertaking the treatment for specific illness, the diagnosis of a disease or illness, an accident, surgery, a routine check-up or medication error.

Is it easy to sue the NHS?

The short answer is, yes, you can sue the NHS for medical negligence, sometimes called clinical negligence. Clinical negligence can happen at any time during your care in the NHS, from your first point of contact with a medical professional to your last.

How do I make a claim against the NHS?

The Parliamentary and Health Service Ombudsman makes final decisions on unresolved complaints about the NHS in England. This organisation is independent of the NHS. For more information, call 0345 015 4033 or visit the Parliamentary and Health Service Ombudsman website.

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Who pays if you sue the NHS?

A claim for compensation will be paid by NHS Resolution on behalf of the Trust you are claiming against (“ the Defendant Trust”). A Trust pays an annual premium to NHS Resolution irrespective of whether you decide to pursue a claim or not.

How long does it take to sue the NHS?

The general “suing the NHS” time limit for medical negligence is 3 years from the date avoidable harm was inflicted or a subsequent illness was diagnosed (not necessarily the date the negligence occurred). However, there are some exceptions to this rule.

How much does the NHS pay out in claims?

NHS England’s annual budget was £129 billion for 2018-19 with £2.36 billion paid in negligence claims that year — up from £2.23 billion the year before. All hospital trusts in England pay into a fund called the Clinical Negligence Scheme for Trusts, which is managed by a body called NHS Resolution.

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Can I sue the NHS without a solicitor?

If you do not have legal representation and you plan on representing yourself in court as a litigant in person, you will need to submit what is called a ‘letter of claim’ to the NHS Trust that was responsible for your care.