Personal Injury Claim Lawyers

NHS Compensation Payouts Guide

NHS healthcare is generally very good, and the majority of people don’t experience any difficulties. However, occasionally things do go wrong. There are a variety of factors that can determine how much compensation a claim can be worth.

What are NHS compensation payouts?

The UK’s National Health Service (NHS) delivers the vast majority of healthcare services. When you’re provided treatment that is below the standard of care you expect or deserve, it may be necessary to make a medical negligence compensation claim.

You may feel conflicted about making a claim, as the media is filled with tales of NHS underfunding, and you may worry that making a medical negligence claim against the NHS will add to its financial burden. However, in 1995, the government set up NHS Resolution (formerly known as NHS Litigation Authority) as the claims management wing of the NHS. The system operates like an insurance policy; all NHS trusts pay into the scheme so that when a successful claim is made, the payment comes from the NHS Resolution pot rather than the NHS budget.

The amount of your NHS negligence payout depends on several factors revolving around the injury and losses you or your loved one suffered, as well as any costs needed to aid your recovery. The value of a medical negligence claim depends on the level of pain and suffering as well as the out-of-pocket expenses incurred as a result of the negligence, both past and future.

Who is eligible for NHS compensation?

You may be eligible for NHS negligence compensation if the treatment you received fell below a minimum standard of competence and you suffered an injury as a result. It should be more likely than not that the injury could have been avoided or less severe with proper treatment.

In most cases, you must start a medical negligence claim within three years of discovering something went wrong with your medical treatment, although there may be other exceptions to the time limit. To receive compensation, you will need to show both ‘breach of duty of care’ and ‘causation’ have taken place. Your claim may still take any length of time; you just need legal proceedings to be underway within the limit.

How is medical negligence compensation calculated?

For each NHS negligence compensation case, the compensation value varies based on the damages incurred. Less serious cases have a smaller payout as the injury was relatively minor, while more serious cases that involve life-altering consequences have far larger compensation payouts. Similarly, if you have suffered significant physical or mental pain that is shown to have been caused directly by the defending party’s actions, this will increase the compensation you may be awarded. The Court will also consider the financial burden of treatments, care provision, and medications resulting from your substandard medical care. Medical negligence compensation should also compensate you for any lost earnings.

Can I still access NHS care after receiving compensation?

You are still entitled to healthcare and treatment on the NHS, regardless of whether you have submitted or won a claim for compensation against an NHS Trust. You may continue under the same practice, or if it would make you feel more comfortable, you can change your care provider and receive treatment elsewhere.

Can I issue a complaint to the NHS alongside making a claim?

If you have suffered medical negligence at the hands of a professional working under the NHS, you can claim compensation using a medical negligence solicitor, as well as separately making a complaint directly to the NHS. Even if you are not entitled to financial compensation or you don’t want to pursue a claim, you can still submit a complaint.

As medical negligence solicitors, we can’t guarantee that you will receive an apology from the NHS, and there is no guarantee that the individual who you feel is responsible will be disciplined.