Clinical Negligence

About Thompsons' Clinical Negligence Unit

The clinical negligence team at Thompsons forms part of the most experienced personal injury firm in the UK.

The clinical negligence unit at Thompsons includes solicitors who are members of the Law Society’s Clinical

Negligence Accreditation Scheme, Headway, specialist group APIL, The Spinal Injuries Association and the AvMA referral

panel.

We are franchised by the Legal Services Commission to undertake publicly funded clinical negligence compensation

claims.

Medical Accidents

  Introduction to Medical Negligence and Clinical Negligence

Before you take Legal action regarding Medical Negligence

  The first steps to take after suffering clinical negligence

Taking Legal action for clinical negligence

  Advice on how to begin legal action

Types of Clinical Negligence cases

  Information about different types of clinical negligence claims we can deal with

Time Limits for bringing a Court Action

  How long you have to make a clinical negligence claim

Clinical Negligence and the Law

  A guide to the Law and Medical negligence

Pursuing a Claim for Compensation - The Procedure

  A brief outline of how a clinical negligence claim is made

Paying for Medical Negligence Cases

  Information about the costs involved in a Clinical Negligence case

Learn more about Thompsons' Specialist Clinical Negligence Team

  Information about some of the members of the Clinical Negligence Team

Clinical Negligence Cases we have fought and won

  Details of some medical negligence claims we have dealt with

Comments from our clients

  Extracts of letters from clients who have used our clinical negligence expertise

News on Clinical Negligence Issues

  Recent News Stories published about Clinical Negligence

Articles on Healthcare and Clinical Negligence Developments

  Articles about developments in the Healthcare Field

Clinical Negligence Contacts

  Lists organisations and specialists who can help you

Medical Accidents

Introduction to medical negligence and clinical negligence

Most medical and nursing treatment in the UK is of a high technical standard and most heath service staff are

dedicated professionals working to tight deadlines and budgets to deliver care. Nevertheless not everything goes well

and mistakes happen.

Not all the unexpected or disappointing outcomes to treatment are the fault of the healthcare professionals. All

treatment carries some risk and patients are warned of serious risks. Still, English law awards compensation for

things going wrong if it can be proved that the treatment was negligent – meaning the standard of care fell below the

standard generally accepted to be reasonable for that area of medicine.

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Before you take legal action

The first steps to take after suffering clinical negligence

You must seek advice quickly because there are strict time limits for making complaints, often as little as 13 weeks.

When you talk to one of our specialist personal injury Lawyers we will advise that before starting legal action against a

medical practitioner that you talk to them first. There may be a genuine misunderstanding, or a problem in

communication, that can often be resolved at this stage.

If this fails, we will advise you to make a more formal complaint. To complain about a GP you must write to the

Practice Manager and to complain about a hospital you must write to the Complaints Manager. Making a complaint is

useful if your concerns are about procedures or behaviour that you want put right, or you want an apology for the way

you have been treated.

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Taking legal action for clinical negligence

Advice on how to begin legal action

If you have been injured as a result of negligent medical treatment you may have a right to compensation. You will

have to obtain a lawyer to act for you because clinical negligence cases are always fiercely defended.

Clinical negligence is a highly specialist area so it is important that your solicitor has specific experience in this field.

The clinical practitioner or authority will be defended by experts and you must have equal specialist advice.  We offer

this specialist clinical negligence advice and experience.

Compensation is payable in many circumstances, the following stories are just some examples:

Undiagnosed Fracture

We helped a delivery driver who fell from the back of a lorry and sustained a serious injury to his wrist. The hospital

said it was a sprain but in fact there was a fracture and by the time the fracture was diagnosed it was too late to

operate effectively (clinical negligence). The driver was paid compensation for the loss of full use of his hand. 

Although the compensation helped, his life was never the same again as before the accident.

Cerebral Palsy

Thompsons fought the case of Holly Thornton who was starved of oxygen during delivery causing cerebral palsy. The

hospital denied liability throughout but following a settlement conference shortly before trial, settled the claim. The

clinical negligence award was split between a lump sum released immediately to fund the purchase of a specially

adapted bungalow and the balance to be invested to produce an annual periodical payment commencing on Holly’s

18th birthday for care, special therapies and special needs equipment.

Surgical Error

When a man of 75 had cataract surgery, the needle used for local anaesthetic pierced his eyeball and he lost the sight

in that eye.  Another surgery was carried out to try and repair the damage but this was not successful.  To help with

the terrible change to his life, Thompsons helped him to settle his clinical negligence claim.

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Types of Clinical Negligence cases

Information about different types of clinical negligence claims we can deal with
Below, you will find a list of the most common types of clinical negligence together with information about how to

begin a personal injury compensation claim. If you cannot find the information you require here, telephone us on 08000

224 224 for assistance or complete one of our online personal injury compensation claim forms.

Birth Injuries

Misdiagnosis

Surgical Errors

Medical Establishments

General Clinical Negligence Issues

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Time limits for bringing a court action

How long you have to make a clinical negligence claim

Legal action must be taken within three years of the date you first knew, or could reasonably have been expected to

know, that you have suffered an injury caused through someone else's fault.

In special cases, the court has discretion to allow cases to go ahead out of time.  For injury to children, proceedings

have to be started before the 21st birthday.  Time does not run out while a person is mentally incapable.

You should visit a specialist clinical negligence solicitor as soon as possible since there is a vast amount of work to

be done before bringing a clinical negligence case.

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Clinical negligence and the law

A guide to the Law

There are a number of elements to establishing that medical treatment was negligent.   The patient has to prove (on

"the balance of probabilities") that the clinical practitioner has been negligent.  This means showing that the standard

of care fell below what could "reasonably have been expected'. Medical opinion often differs over treatment for a

particular ailment and it is a valid defence if it can be shown that the treatment was in accordance with the views of "a

responsible body of medical opinion".

Even if you can show that the standard of care was negligent, you still have to prove that the negligence actually

caused the injury. This is often the trickiest part of the case. The medical practitioner may claim that the injury arose
from the illness itself and not from the treatment; or that the injury would have come about in any event. Detailed

medical evidence will be called with specialists arguing for each side.

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Pursuing a claim - the procedure

A brief outline of how a clinical negligence claim is made

Clinical negligence claims, in a similar way to personal injury claims, are made up of a series of hurdles. If you don't

clear one hurdle, you don't move onto the next.

We have to get your medical records and check them.

Specialist medical experts will then be instructed to consider whether or not the treatment was negligent, and if it was,

what damage it did.

If we consider that we have enough evidence to prove the case for clinical negligence, then we advise starting court

proceedings immediately. 

Clinical negligence cases can be settled by negotiation without the need to proceed to a full trial but they are rarely

resolved without starting court action.

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Paying for medical negligence cases

Information about the costs involved in a clinical negligence case

In most cases there is no cost to you to pursue a clinical negligence action. Because we specialise in clinical

negligence cases, our legal experts in the majority of cases can decide with the information you give them and a

review of your medical records whether or not a claim can be made. Our clinical negligence experts understand the

medical procedures, the risks and where a careless act can cause harm. A clear decision made early by our expert is

crucial to ensure that you will not have to spend money to make your claim.

In exceptional cases there may be medical expert evidence on your medical records needed to establish whether you

have a clinical negligence claim. Before we incur the costs of any medical expert evidence that might fall to you to

pay we will agree with you the exact costs to be spent, the timing of payments, the reasons those costs need to be

spent and the risks involved. We would not spend any money without your agreement. When medical expert
evidence supports your clinical negligence claim and we pursue your claim successfully we can recover all of your

costs.

Due to different procedures and Law Society regulations different funding arrangements may exist in Northern

Ireland.

How can I run a clinical negligence case at no cost to me?

Your clinical negligence case could be funded by :

A Trade Union

Legal Aid

Legal Expenses Insurance a) for example in your household policy

                                      b) after the event insurance, sometimes called no win no fee

Trade union - if you or a member of your family are a trade union member you should always contact the union to see if

special terms are available.

Legal aid (Public Funding) - is available for clinical negligence cases through a limited number of franchised firms.

Thompsons is a franchised firm. Public funding may be free, or there may be a financial contribution to be made, and

so we will discuss with you whether you want to pursue your clinical negligence claim this way and we will guide you

through the process.

Legal Expenses Insurance:

a) Many people already have this on a home insurance policy for example. You should check your home insurance

policy early, even if you are not going to claim until later, because many insurers require early notification of possible

claims. Contact our specialist clinical negligence solicitors for advice about funding your case in this way if you are

thinking of registering your claim (don’t delay).

b) After the event insurance with a Conditional Fee Agreement; if you have no suitable alternative means of funding

your clinical negligence case AND we think, based on our experience and what you tell us, that you have a winnable

clinical negligence case, we will offer you an agreement after our initial consultation. The agreement is called a

Conditional Fee Agreement (CFA) and is sometimes known as a "no win no fee agreement". Under a CFA, we will

not charge you for the work we do on your behalf, if your clinical negligence claim is unsuccessful.

This is how a CFA works;

1. You will give us all the information you have about your experience and injuries

2. We will obtain access to your medical records

3. We will try to determine the strength of your clinical negligence case at this stage

4. If our legal expert advises you to make a clinical negligence claim we will recommend that the case is insured. If

we win, we will claim all your costs from the other side and apart from exceptional cases you will get 100% of your

clinical negligence compensation. If we lose, your insurer picks up the bill for everything: the premium, our costs, the

cost of any experts and the defendant’s costs. Any case with exceptional circumstances would be discussed in detail

with you in advance.

5. If we cannot insure the clinical negligence case at this stage, we may need expert evidence on your medical

records to establish whether you have a claim for clinical negligence. Before we incur any costs of expert evidence

that might fall to you to pay we will agree with you the exact costs to be spent, the timing of payments, the reasons

those costs need to be spent and the risks involved. We would not spend any money without your agreement. When

expert evidence supports your clinical negligence claim we will obtain insurance on your case. If we win, we will claim

all your costs from the other side and apart from exceptional cases you will get 100% of your compensation. If we

lose, your insurer picks up the bill for everything: the premium, our costs, the cost of any experts and the defendant’s

costs. Any case with exceptional circumstances would be discussed in detail with you in advance.

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Learn more about Thompsons' Specialist Clinical Negligence Team

Information about some of the members of the Clinical Negligence Team

We thought it was important to dedicate a page of the website to provide you with information about some of the

members of our specialist clinical negligence team.

Follow the link below to find out about the qualifications and experience the members of our clinical negligence team

have.

Specialist Clinical Negligence Team.

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Clinical Negligence Cases we have fought and won

Details of some medical negligence claims we have dealt with

Below, you will find information about some of the clinical negligence cases we have dealt with in the past.
We helped a delivery driver who fell from the back of a lorry and sustained a serious injury to his wrist. The hospital

said it was a sprain but in fact there was a fracture and by the time the fracture was diagnosed it was too late to

operate effectively. The driver was paid clinical negligence compensation of £200,000 for the loss of full use of his

hand.  Although the compensation helped, his life was never the same again as before the accident.

We fought a case for a widow who tragically lost her husband, who worked as a hospital porter.  He was told by his

GP he may have lung cancer and was referred to hospital for tests. The hospital told him there was nothing to worry

about. The family blamed the GP for giving them a false alarm but two years later he was proved right. By then sadly

it was too late to operate and he died. His widow made a clinical negligence claim and received substantial damages

from the hospital.  The compensation was to make up for the earnings her husband would have made, had he

survived.  His wife was very grateful for the compensation but devastated about the loss of her husband.

We helped a nurse with a clinical negligence claim who developed complications after a routine gynaecological

operation.  The problems were not detected before a lot of harm was done and to compensate for this life-changing

mistake, she received £200,000.

When a child suffered cerebral palsy due to failure by midwifery staff to act on the signs of distress when his mother

was in labour, Thompsons decided to assist by making a clinical negligence claim. The court approved payment of an

immediate lump sum of £1,150,000, plus payments for his care and equipment needs for the rest of his life at

£40,000 per annum until 18, and £110,000 per annum after that.

We fought a clinical negligence case for a man whose gall bladder operation went badly wrong when the common bile

duct was severed.  He received £35,000 for the pain and suffering of the additional operations he had to undergo to

deal with the mistake.   He also won the right to go back to court for further awards if he developed complications in

the future, requiring more major surgery or even a liver transplant which would be possible.

Thompsons helped a security guard who attended hospital for routine prostate surgery and was the victim of clinical

negligence. Unfortunately, a locum surgeon made a disastrous error during surgery resulting in the patient suffering

permanent incontinence and psychological damage. The hospital quickly admitted liability for the botched operation

and he was awarded £65,000 to compensate in only a small way for the drastic changes to his life.

We fought a clinical negligence case for a retired railway engineer who was admitted to hospital with a suspected

heart attack. Treatment was commenced but he received a massive drug overdose which caused fatal brain damage.

The hospital admitted liability and an out of court settlement of £30,000 was reached for his widow.  The

compensation in no way made up for the loss of her husband but did make coping without him a little easier.
Thompsons helped the family of a one year old child who became drowsy with a temperature and was taken to A&E

over a bank holiday. They did some tests but decided there were no symptoms of meningitis and sent her home with

a sponge so that the parents could take a urine sample. Next morning they came back with the sample but by then

she was pale, unresponsive and had a temperature. Within a short space of time she developed a classic meningitis

rash and was rushed into recovery. It was too late however and she suffered widespread brain damage. She was

awarded £1,200,000 clinical negligence compensation to pay for the care she would need for the rest of her life.

We provided legal assistance to a woman who developed complications during labour and had her baby delivered by

caesarean section. This caused damage to her bladder and uterus, which resulted in a hysterectomy being

necessary and also emergency surgery to repair the bladder. As a result she suffered from a stroke, a heart attack

and was left with disabling chronic fatigue syndrome.  The woman was unable to care for herself or family and was

obviously unable to carry any more children. She settled her clinical negligence claim for £800,000.

When a man of 75 had cataract surgery, the needle used for local anaesthetic pierced his eyeball and he lost the

sight in that eye.  Another surgery was carried out to try and repair the damage but this was not successful.  To help

with the terrible change to his life, Thompsons helped him to settle his clinical negligence claim for £22,000.

Thompsons fought the clinical negligence case of Holly Thornton who was starved of oxygen during delivery causing

cerebral palsy. The hospital denied liability throughout but following a settlement conference shortly before trial,

settled for £1,340,000. The award was split between a lump sum of £780,000 released immediately to fund the

purchase of a specially adapted bungalow and the balance to be invested to produce an annual periodical payment

commencing on Holly’s 18th birthday for care, special therapies and special needs equipment.

We helped a lieutenant who served in the royal navy in the Falkland Islands when he suffered a fracture to his right

ankle. The fracture was misdiagnosed as a sprain for a period of some 6 months.  He did eventually undergo surgery

to repair the fracture when it was discovered but due to the delay developed secondary arthritis and was medically

downgraded and discharged from the navy. The clinical negligence case settled for £100,000 to reflect pain and

suffering and loss of earnings and loss of promotion prospects within the navy.

Thompsons helped a 62 year old woman who had a kidney removed in error after doctors wrongly told her that she

had cancer. She received £33,650 in clinical negligence compensation after the Hospital admitted full liability for the

error.  For a period, the woman thought she was going to die and also underwent an unnecessary operation to

remove an important organ.

We recovered damages for the parents of a child who was disabled due to the catastrophic brain injury that she

suffered at the time of her birth.  The brain damage was caused as a result of the midwives' negligence, and the child
died shortly after her 7th birthday.  The family received clinical negligence damages of £275,000.

Thompsons fought for the family of a young mother who died as a result of a GP's failure to diagnose a DVT.  The

lady died when a clot travelled into her lung and blocked the supply of her blood to her heart. Her husband and 2

children received £275,000 in clinical negligence compensation to help them carry on without her.

We helped a 60 year old woman, who was a health care worker at the hospital where she underwent surgery, which

led to her hand clawing and she received £200,000 in clinical negligence compensation. The hospital failed to try

other methods of treating the condition and then failed to refer her for physiotherapy following the operation. She was

forced to give up her job and the compensation made up for her lost earnings and changes to her life.

Many clinical negligence cases are shocking and attract national coverage.  Amongst other Thompsons cases the

BBC have covered one was regarding misdiagnosis of cancer and another was about the amount of compensation

awarded to accident victims.

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Comments from our clients

Extracts of letters from clients who have used our clinical negligence expertise

“Your efforts have made an enormous difference to our family, giving us renewed hope for the future and removing

any doubt from our minds that we may in some way have been in some way responsible for J-‘s condition. You have

dealt with us sympathetically and helped us through this difficult time with your hard work and encouragement when

we were ready to give up”

“I am writing not just because you managed to get settlements for me, but also for all your help and kindness. You

have always had time and patience, and always answered my queries quickly. As I was feeling quite fragile it was

nice to have someone on my side.”(settlement £3,500 clinical negligence compensation)

“Thank you for all your help and guidance in this matter, you have made a difficult process much easier for me”.

(settlement £34,500 clinical negligence compensation)

“How much I appreciated your professionalism in your dealings with me and the confidence you instilled in me, I

wouldn’t hesitate to recommend both yourself and Thompsons as a solicitors in which you can place your trust”

(£8,000 clinical negligence compensation)

“Without people like you, people like me would be trampled on” (settlement for £24,633 clinical negligence

compensation)

“a big thank you for the excellent service you have provided and also for the kindness and understanding of yourself

and your staff. It has been a very difficult time..”(£50,000 clinical negligence compensation)

“I cannot thank you enough for the hard work and diligence with which you have handled this case” (£16,750 clinical

negligence compensation)

“although I am disappointed I believe you did everything you could for me” (advised not to make a clinical negligence

claim)

“I am particularly grateful that you took the time and trouble to contact me following my last call to your office.. your

letter detailing the outcome of your discussion with senior colleagues has settled my mind. I now feel at peace with

my decision not to pursue this route.” (advised not to make a clinical negligence claim)

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News on Clinical Negligence Issues

Recent News Stories published about Clinical Negligence

Over the years, Thompsons have helped many people who have suffered as a result of clinical negligence or medical

negligence.  We have also campaigned with the help of UNISON, to make Herceptin available to sufferers of Breast

Cancer who would benefit from it.

We have published important stories within the News Desk section of our website and links to a selection of these can

be found on our Clinical Negligence News page.

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Articles on Healthcare and Clinical Negligence Development

Articles about developments in the Healthcare Field

You can keep up to date with the latest in healthcare and clinical negligence developments by viewing articles written

by the clinical negligence team.

To read the articles published to date visit our Clinical Negligence Articles page.
We have also published a brochure about Clinical Negligence. To read this, visit Clinical Negligence Brochure or

download the PDF (465KB).

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Clinical Negligence Contacts

Lists organisations and specialists who can help you.

The General Medical Council (GMC) hears complaints about serious professional misconduct by a GP or hospital

doctor. The address of the GMC is: 178 Great Portland Street, London W1N 6JE. Tel: 020 7580 7642.

The Health Service Ombudsman investigates, reports and makes recommendations to the government about the

activities of health authorities. The Ombudsman will not investigate any complaints until the NHS complaints

procedures have been exhausted except where that is unreasonable.

To contact the Ombudsman, you should write to:

England The Health Service Commissioner for England, 11th Floor, Millbank Tower, Millbank, London SW1P 4QP.

Tel: 020 7217 4051

Northern Ireland Parliamentary Ombudsman and Commissioner for Complaints, 33 Wellington Place, Belfast BT1

6HN. Tel: 028 9023 3821

Scotland The Health Service Commissioner for Scotland, 28 Thistle Street, Edinburgh EH2 1EN. Tel: 0131 2257

465
Wales The Health Service Commissioner for Wales, 5th Floor, Capital Tower, Greyfriars Road, Cardiff CF10 3AG.

Tel: 029 2023 0785

The Patient's Association is a campaigning body which is a useful source of advice and assistance for individuals who

are not happy with their treatment by the NHS. Their address is: 18 Victoria Park Square, Bethnal Green, London E2

9PF. Helpline: 0845 608 4455

Action for Victims of Medical Accidents (AVMA) advises those who have been injured as a result of clinical treatment.

Their address is: 44 High Street, Croydon, Surrey CR0 1XB. Tel: 020 8291 2793.

National Institute for Health and Clinical Negligence is an independent organisation responsible for providing national

guidance on promoting good health and preventing and treating ill health.

The General Dental Council is an organisation which regulates the dental profession in the UK.
 The Nursing and Midwifery Council (UKCC) is an organisation set up by Parliament to protect the public by ensuring

that nurses and midwives provide high standards of care to their patients and clients.

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» Claiming for NHS Negligence

The medical fraternity might be the only group of people to whom we unquestionably surrender our lives to. Understanding
that they are trained and accredited to deal with health and health care, most of the times we comply with whatever they
direct us with. But the reality is that these people are also susceptible to mistakes and for whatever reasons, sometimes fall
short in performing their duties to the fullest.
Blame it on lack of concentration or an inattentive slip, cases of medical negligence are not uncommon. The surprising fact
is that even a reputed health care agency like NHS is not oblivious to it and instances of NHS negligence also come up quite
often.

» NHS Negligence Compensation

Parliament is conflicted about what to do about the £8 million bill the government paid for clinical negligence in 2004. Just
eight years earlier the tab for healthcare mishap compensation stood at £3.5 million.
The Scottish National Party deputy leader, Nicola Sturgeon, advocates for a no fault system like the one currently be
considered in England and she was reported by the BBC as saying, "That would be a far better way of dealing with
accidents and mistakes in the NHS than paying lawyers vast amounts of money to defend cases in court". The legal bill for
theses negligence cases for the last twelve months stood at £1.8 million.

» Medical Negligence Claims

The National Health Service (NHS) has set aside £7.8 million for clinical negligence claims for the next ten years. Though
the amount appears staggering, health officials say it's only 1% of the NHS budget. The main cause of the large increase is
mainly due to rising legal costs and larger and larger awards by the courts, but proposed legislation may address the
situation to some extent by reducing legal costs.
The proposed NHS Redress Bill, expected to be mentioned in the Queen's speech, will be a no fault compensation scheme
that will attempt to settle most of the smaller claims, which make up the large majority of the claims, out of court. It is
hoped that the proposed legislation will also have an affect on the attitude of staff at the NHS, to be more open about
mistakes.

» Medical Negligence Compensation

UK patients are finding that they don't have to settle for care that is not good, that is below par, or that is not what they
expected from their care provider. If you have found yourself in the spot where your provider has done something to your
or for your that is not in your real best interest, filing a claim medical negligence case is going to get you the respect,
settlement, funds, and the change you need to move on in life.
A medical negligence claim is one that you file to show the clinic that they are not providing the best possible services.
Perhaps the medic did something during your care that hampered your healing process, causing additional pain and
suffering because of their neglect. This would give you great grounds for filing a medical claim and seeking compensation
for this pain and suffering.

» Medical Clinical Malpractice Claims

Clinical malpractice solicitor in the UK will help you get all the help you need to file suit for that medical claim of negligence
that has been plagued upon you. When you find that you are the victim of a problem or action that took place in any clinic
across Great Britain, you can get the help you need from a clinical solicitor and use the law for winning compensation for
your pain, suffering and future medical problems related to this same matter.
Malpractice in the UK is on the rise.

» Medical Accidents and Injuries Compensation

Being in an accident can be a difficult time to overcome. If you find yourself in the predicament of having to face medical
and legal challenges after an accident, you need to gather your thoughts and get your life back on track. If you are the
victim of a medical accident, you may find that you have additional problems that you did not face before your medical
appointment. Take action against medical accident and action to get your life back.
A medical accident is an event that takes place that you did not ask for, that is not your fault, and that you should be
compensated for. Taking action to get money in place of an event that has happened to you is something to consider
because you could be suffering physically or mentally after such an event.

» National Health Service in the UK (NHS Negligence)

The National Health Service (NHS) in the UK is much maligned these days as issues with funding continually plague the
service.
However, when it was founded back in 1948 it was heralded as part of a new dawn for British healthcare after six miserable
years of war.

Making a complaint after suffering

medical negligence
An estimated 850,000 medical accidents happen each year and many people feel dissatisfied with
the service that they have got from their hospital or GP.

If you believe that you or a close family member suffered medical negligence under the National
Health Service (NHS), you can make a complaint against the hospital or primary care
practitioner by whom you were treated.

An informal complaint
The complaints procedure starts at the local level. A complaint against your hospital or GP will
normally be dealt with quickly and on a relatively informal basis so that a resolution to the
problem can be made with the minimum of fuss. This is a path that can be very successful for
people who have only a minor issue with the treatment they have received.
If you are not satisfied with the informal resolution of your query, you will need to make a more
formal complaint.

A formal complaint
To register a formal complaint about clinical negligence by an NHS doctor or other member of
medical staff, you must complain again to the hospital or GP with whom your grievance lay.
This complaint must be received either in writing or orally, in which case it will be taken down
in a written record by the complaints manager.

If you have made a complaint to a GP, you should receive an answer within 10 working days
whereas if you have complained to an NHS organisation, an answer should be expected from the
Chief Executive within 20 working days.

NHS Foundation Trust

If you wish to complain about medical negligence that occurred at an NHS Foundation Trust, a
slightly different method of complaints may apply. Complaints procedures tend to be trust-
specific so it is best to contact the trust which you believe is responsible for the negligence to
find out about making a complaint to them.

Independent case review

If you are dissatisfied with the response you have got to your complaint at either an NHS
Foundation Trust or through the standard local NHS complaints procedure, you can request an
independent review by the Healthcare Commission.

To find out more about making a complaint about NHS clinical negligence to the Healthcare
Commission, please go to: http://www.healthcarecommission.org.uk.

Parliamentary and Health Service Ombudsman

If the independent case review fails to resolve your complaint, it is possible to complain to the
Parliamentary and Health Service Ombudsman. The Ombudsman is an independent body that
investigates poor service and improper actions by the NHS and other government departments.

To find out more about complaining to the Parliamentary and Health Service Ombudsman,
please go to http://www.ombudsman.org.uk.

Support services
Many people find that they do not know how best to make complaints and find the process
confusing. There are two bodies that are able to give you free advice and information in this
situation, which are named PALS and ICAS.

PALS, which standards for Patient Advice and Liaison Service, is represented in every NHS
Trust and Primary Care Trust. It can provide information on making a complaint, help to resolve
problems, and give details of other support groups that you may find to be useful.

To find out more about PALS, please see: http://www.pals.nhs.uk.

The Independent Complaints Advocacy Service (ICAS) provides a support service to those
making complaints about the NHS, including clinical negligence complaints. Although ICAS
will not investigate the complaint, it can otherwise help by providing interpreters if English is not
your first language and giving you details of appropriate agencies that may be able to provide
further aid.

To find out more about ICAS in your region, visit http://www.seap.org.uk

Getting medical negligence compensation

If you believe you have experienced medical negligence either at the hands of the NHS or by a
private health provider, we may well be able to help you get personal injury compensation.

At YouClaim, we provide a sensitive and understanding service to people from all over the UK,
helping them to make successful clinical negligence claims.

Our personal injury solicitors are considered to be some of the most skilled and knowledgeable
in the field of medical negligence and are able to maintain an exceptional success rate in their
cases. When you come to YouClaim, you can have peace of mind in knowing that your personal
injury claim is in the very best hands. Read more about our panel of medical negligence
solicitors.

Although the prospect of claiming medical negligence compensation can seem daunting or
confusing, we try to make it as simple as possible. We are always happy to talk through the
claims process with you and we are here 24 hours a day if you ever have any questions. Read
more about the medical negligence claims process.

If you wish to find out more about what YouClaim can do for you after medical negligence talk
to us online via e-chat, send us a call back request for any time of the day or night or to start a
compensation claim simply call 0800 10 757 95.
UK

NHS

Negligence

Co
mpensation:
Malpractice

Claims

Against
the

National

Health

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 in
the UK
Working towards a better solution

In response to the huge burden the rising personal injury claims market has placed on the NHS,
plans are now in place to allow the NHS to fight back by recouping it's medical costs from the
insurance companies of those who caused the injuries in successful compensation payouts. So far
this already covers road accidents but is slowly progessing into work related accidents also.

Oliver Letwin, the Dorset West MP, in a speech to the Centre for Policy Studies quoted figures
of over £400million having already been paid out in 2003 by the NHS in compensation for
clinical negligence claims with a further £5billion more in cases waiting to be settled. This is a
huge demand on the already thinning resources our National Health Service relies upon.
Legal aid has all but been removed as an option for those seeking compensation for clinical
negligence to being replaced by solicitor's no win, no fee arrangements. This will place the
burden of paying for fraudulent and "time-wasting" claims on the shoulders of the solicitors
themselves who up till now have been receiving nearly 40% of the total compensation costs the
NHS is struggling to find.

In a statement by the Tory health spokesman, John Baron said: "The annual cost to the NHS of
clinical negligence has reached an unprecedented £446million a year ..." the rest of the statement
being "... whilst the legal and administrative costs often exceed the money paid to the victim."

Surely a clear warning shot to law firms to clean house before the government was eventually
forced to bring in heavy-handed legislation to counter the problem. Of course, the new
legislation introduced in early 2007 only really tackles the problem of less-than-qualified people
marketing towards potential claimants, there was nothing introduced to stop solicitors pushing
forward the frivilous cases themselves. Hopefully though with a stand being made caution will
creep in anyway.

Official website of NHS Scotland (National Health Service for Scotland). Comprehensive range
of searchable information, statistics, publications and links to various related resources. Find
GP's, trusts, health boards and other organisations.
The official gateway to the NHS on the Internet, find health information and advice, local NHS
services in England, access to Department of Health reports and policies plus the latest health
news.

NHS Wales - Health of Wales Information Service; HOWIS, the official website of NHS Wales,
is a seamless service bringing together information sources about the health and lifestyle of the
population of Wales into a simple, electronic-based service.

NHS Direct works hand in hand with other healthcare services provided by the NHS, helping
you make the right choice to meet your needs. Calls to NHS Direct are charged at local rates and
for patient's safety, all calls are recorded. If you need health information or advice at any time of
the day or night, call NHS Direct.

Disclaimer: Although these articles are updated as often as possible the information provided
may not accurately reflect the current procedures and/or facilities available to you. To ensure you
get the most up to date information always consult an actual solicitor or other qualified advisor
before pursuing any action. The articles on this site are for informational purposes only and are
not intended to advise any particular action or inaction. Please read our terms of use for more
information.