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Medical Negligence

When to Make a Compensation Claim Against the NHS

When to Make a Compensation Claim Against the NHSIf you have suffered as a result of negligent medical care, you are legally entitled to claim compensation for the consequences of that negligence.

Whether the relevant medical professional is your GP, an NHS 111 or Accident and Emergency practitioner or your Consultant, you are still entitled to make a claim.

Timing of your claim

Compensation claims for negligent medical care are associated with a legal deadline. This is three years from the date of the alleged negligence. What this means is that, if you believe that you were the victim of negligent medical care in May of 2023, you will need to issue your claim with a court by May 2026.

This is not the date by which you need to contact a solicitor. A medical negligence legal expert will need a considerable amount of time before this legal deadline in which to obtain and analyse your medical records, also assessing the impact which any negligence may have had on you.

If you think you have a claim, act promptly to ensure that the fullest investigation can be made.

Do you have a claim?

In order to make a claim, it must be considered, not only that you have been the victim of negligent care, but also that the act of negligence adversely affected your long-term outcome.

If there was an act of negligence but it does not appear to have affected your outcome, then it is unlikely that you will have a claim.

Depending on the nature of your condition and medical pathway, examples of negligent care could include a failure to examine, a misdiagnosis, a failure to refer, a delay in treatment, the misadministration of medication, an error in surgery or a failure of safety-netting.

What to claim for

If you are able to make a claim, your solicitor will consider the ways in which the negligence has affected you, assessing its financial impact. This could include any loss of earnings, past and future, as well as any other financial losses such as the costs of care or any adaptations which need to be made to your home or equipment necessary to ensure that you can mobilise effectively.

Speak to a legal expert

Glynns Solicitors is a dedicated medical negligence legal practice with a team of experienced lawyers.

Contact us today to speak with a solicitor, free of charge, about the possibility of making a claim.

Please call us free on 0800 234 3300 or complete our Online Enquiry Form.

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