Should I sue the NHS?
Over recent years, it has become clear that the NHS is in crisis with over 350,000 people waiting over a year for treatment and with cancer waiting times for 2023 in England being the worst on record.
The latest NHS Resolution annual report published in July 2023 confirmed that the amount spent by the NHS on clinical negligence claims in 2022/23 was £2.64 billion.
Against this backdrop, is it right to sue the NHS?
We spoke to Vanessa Harris, senior associate in the clinical negligence department and AVMA panel member, in order to address some common concerns:
Who sues the NHS?
“The truth is that anyone can suffer medical negligence. My clients come from all walks of life and I am frequently instructed to bring claims on behalf of NHS professionals, including doctors and nurses.”
Where does the money for compensation come from?
“All NHS Trusts pay money each year to NHS Resolution (a Government body tasked with oversight of claims). When a Claimant agrees to a damages settlement, the awarded money is paid out of the pot held by NHS Resolution. This is separate from the funds available to pay for front line treatment and services. “
Will the person who provided the substandard care be held liable?
“When you sue the NHS, you are not suing an individual doctor or nurse but instead you are suing their employer, the NHS Trust.
In most cases, poor care occurs as a result of a mistake, a lapse in judgement or an administrative error and not as a result of general incompetence or a deliberate act or omission, on behalf of the clinician. In cases where there are concerns about an individual clinician’s competency, then a complaint can be made to the General Medical Council or Nursing and Midwifery Council who will assess the care and, if necessary, pursue disciplinary action against the individual.”
Does making a claim against the NHS improve care for others?
“As part of the process of responding to a claim, an NHS Trust must investigate the circumstances surrounding the alleged negligence. Even in cases where a Defendant denies liability, they will often identify elements of the care provided that did not meet the accepted standard. Having identified these areas of concern Trust’s will often seek to correct issues or to provide additional training in these areas.
As a specialist clinical negligence solicitor, I am driven to raise standards and improve patient safety. Clarke Willmott are members of organisations such as SCIL (The Society of Clinical Negligence Lawyers) and AvMA (Action against Medical Accidents) who campaign to improve patient safety, support victims and reform the redress system for victims.
“As well as providing compensation and vindication for injured patients and families clinical negligence litigation provides an added incentive to improve patient safety and opportunities to learn from cases where fault is not recognised initially.”
Written evidence submitted by Action against Medical Accidents (AvMA) (NLR0021)
How do I find out more about making a claim?
If you believe you or a loved one has suffered serious injury as a result of medical negligence, give our team a call on 0800 316 8892 or get in touch online to see if we can help you claim compensation. This consultation is free and you’re under no obligation to go further.
