If you believe you have experienced clinical negligence, you’re probably wondering what you may be entitled to. Compensation in clinical negligence cases depends on a range of factors specific to you and your circumstances. There is a clear legal framework that determines how payouts are calculated, and understanding it will give you a much clearer picture of where you stand.

At St Helens Law, clinical negligence is one of our core specialisms. Our clinical negligence solicitors handle claims on a no win, no fee basis, covering the full range of cases – from misdiagnosis and surgical error through to birth injuries and fatal negligence. This guide explains how compensation amounts are determined and what you can realistically expect from a claim.

What is clinical negligence compensation?

Clinical negligence compensation is designed to put you back, as closely as money can, in the position you would have been in had the negligence not occurred. But it can cover your financial losses and provide recognition of the harm you have suffered.

All clinical negligence compensation is calculated under two headings:

• General damages – Compensation for pain, suffering and loss of amenity, such as the impact on your quality of life.
• Special damages – Compensation for your financial losses, both those already incurred and those expected in the future.

Both elements are assessed individually for every case. There is no fixed payout for any given type of negligence. Two people with apparently similar injuries may receive different amounts depending on how the harm has affected their lives.

General damages – compensation for pain, suffering and loss of amenity

General damages cover the personal impact of the negligence. This includes physical pain, psychological harm and the effect on your daily life.

When calculating general damages, solicitors and courts refer to the Judicial College Guidelines (JCG). These are published by the judiciary and provide compensation brackets for a wide range of injuries. The most recent edition came into effect in 2024 and increased compensation brackets by approximately 22% compared to the previous edition.

The JCG figures are not fixed awards. They’re reference points that help ensure consistency across cases involving similar injuries in different parts of the country. A solicitor will apply them to your specific circumstances, weighing factors such as:

• The nature and severity of the injury
• How long recovery takes, or whether full recovery is possible
• The impact on your day-to-day activities, relationships and wellbeing
• Any psychological harm alongside physical injury

The more severe and lasting the harm, the higher the general damages award.

Specialist damages – your financial losses

Special damages cover the financial consequences of the negligence. This is where the largest element of high-value claims is often found. Items that can be claimed under special damages include:

• Lost earnings — Income you have lost and where the injury affects your future earning capacity.
• Care costs — Whether paid professionally or provided by a family member (who can claim for their time).
• Medical and treatment costs — Including private treatment, physiotherapy, counselling or therapies not available on the NHS.
• Adaptations to your home or vehicle — Where the injury changes how you live.
• Travel costs — Travel to appointments, treatment or court.
• Any other out-of-pocket expense directly caused by negligence.

In standard and straightforward cases, special damages can be modest. In serious cases, especially ones involving lifelong disability or the need for permanent care, settlement can run into hundreds of thousands or millions of pounds.

A birth injury that results in a child requiring lifetime care is an example. Once future care costs, accommodation adaptations, loss of future earnings and ongoing therapies are calculated, awards in the most severe cases can exceed £1 million.

How much do most clinical negligence claims pay out?

Payouts vary dramatically. Most clinical negligence claims in the UK result in compensation between £10,000 and £100,000.

NHS Resolution data for 2024/25 shows that 1,878 new claims that year were valued within the £100,001 to £250,000 band, showing how many claims sit above the lower end of the range.

The highest-value area of clinical negligence is maternity and obstetrics. In 2024/25, £1.3 billion of the NHS’s total £3.1 billion payout related to maternity claims.

Additionally, in the same timeframe, a record 83% of clinical negligence claims were resolved without the need for formal legal proceedings. The majority of cases settle through negotiation, which means that going to court is the exception, not the rule.

What affects how much compensation you receive?

Several factors influence the range your claim will fall.

Severity and permanence of the injury: A full recovery results in a lower award than a partial one. A disability results in a higher award than a temporary condition.

Impact on daily life and work: Courts and solicitors look at how negligence has impacted your life, like activities you cannot do anymore, work you can’t carry out, how relationships have been affected and if there’s been any independence lost.

Strength of the medical evidence: Clinical negligence claims require expert medical evidence to establish that care fell below an acceptable standard and resulted in your harm. The clearer and more compelling the evidence, the stronger the claim.

Establishing causation: It’s not enough to show that a mistake was made. You must demonstrate that the mistake caused the harm you suffered.

The discount rate: In claims involving large future loss elements, the discount rate affects how future financial losses are calculated. The rate changed to 0.5% in January 2025, which reduces some high-value future loss awards compared to previous rates.

Contributory negligence: If a claimant’s own actions contributed in some way to the harm, compensation can be reduced. This is relatively uncommon in clinical negligence cases, but not unheard of.

Can you claim against private healthcare professionals?

Yes. The same legal principles apply whether your care was provided by the NHS or privately. Clinical negligence is not exclusive to NHS treatment. Dentists, private hospitals, cosmetic surgery clinics, physiotherapists and other private practitioners all carry a duty of care to their patients.

The difference is purely procedural. NHS claims are handled through NHS Resolution, which manages claims on behalf of NHS trusts. Claims against private providers are handled through those providers’ own indemnity arrangements or insurers.

If you have received substandard care in any setting – NHS or private – our clinical negligence solicitors can advise you on your options.

How long do you have to make a clinical negligence claim?

Time limits in clinical negligence are governed by the Limitation Act 1980. As a general rule, you have three years to start a claim. This is either from the date the negligent treatment occurred or from the date you became aware that you had suffered harm as a result of negligence.

The “date of knowledge” provision is important because many people don’t realise they have a potential claim immediately. For example, if a misdiagnosis only becomes apparent years later when the correct diagnosis is finally made, the three-year clock may not start until that point.

There are also specific exceptions, such as:

• Children: The limitation period does not begin to run until a child’s 18th birthday, meaning they have until the age of 21 to start a claim for negligence that occurred during childhood. A parent or guardian can bring the claim earlier on the child’s behalf.
• Those lacking mental capacity: Where a claimant lacks capacity, the limitation period is suspended for as long as that incapacity continues.
• Fatal negligence: Where someone has died as a result of negligence, the three-year period runs from the date of death, provided the limitation period from the original injury or date of knowledge had not already expired.

Three years sounds like a long time, but medical negligence compensation cases require detailed evidence, such as medical records, expert reports and witness statements. Gathering these, along with a list of all medical expenses, takes time. If you think you may have a claim, it is worth seeking advice sooner rather than later. Delaying won’t help your situation, and in some circumstances, it can affect the strength of the evidence available.

No win no fee medical negligence claims – what it means for you

St Helens Law handles clinical negligence claims on a no win, no fee basis. This means you take on no financial risk by pursuing a claim. If your case is unsuccessful, you pay nothing.

If your case succeeds, your legal fees are recovered from the defendant as part of the settlement. There are no hidden costs and no requirement to fund the claim yourself at any stage.

For many people, concern about legal costs is the main reason they don’t pursue a valid claim. No win, no fee removes that barrier entirely. If you have a credible NHS medical negligence claim case, the financial arrangement should not stand in the way.

Speak to our clinical negligence team

If you believe you may have a valid NHS negligence claim, we offer a free consultation to assess your case with no obligation and no financial risk. Call 01744 385171 or use our online enquiry form.

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In the conversations that follow, a common question is brought up: Why are the figures involved in maternity or pregnancy negligence claims so much higher than almost any other type of medical negligence claim?

Eye-catching headlines boast of settlements well into the millions. To those outside the legal and medical sectors, these figures can look astronomical. But at St Helens Law, our birth injury solicitors understand that these numbers aren’t just pulled out of a hat; they’re carefully calculated to ensure that a child whose life has been forever changed by a medical error is supported for the rest of their life.

It’s a difficult subject when emotions are running high. But if you’re concerned you and your child may have been the victim of negligence by medical professionals, we’re here for you. Keep reading to learn more about medical negligence compensation, or contact the experts at St Helens Law today.

The Staggering Reality of Maternity Negligence and Pregnancy Negligence Claims

According to recent NHS Resolution reports, obstetric (maternity) claims represent between 11 and 13% of all clinical negligence cases, which sounds relatively low. However, they consistently account for over 50% of the total value of all payouts.

In the 2024/25 financial year alone, the NHS paid out £3.1 billion in clinical negligence costs, with maternity-related claims accounting for £1.3 billion.

These figures highlight a serious issue: When mistakes happen during childbirth, they can have lifelong consequences for the child.

Why the Lifetime Cost is so High

One of the reasons birth negligence claims are worth more than other types of claims is simply time.

If a patient in their seventies or eighties suffers medical negligence, the compensation will be calculated to cover the rest of their life – but the rest of their life won’t be anywhere near as long as that of a newborn.

When these clinical negligence claims are calculated, the following needs to be considered:

24-Hour Care – For severe brain injuries, a child may need a minimum of two carers at all times. In 2026, the cost for high-level care can exceed £2000 per week, or over £100,000 every year. Over eighty years, for example, this accounts for multiple millions.

Specialised Housing – Your standard family home usually isn’t set up to meet the needs of a child with complex difficulties. Compensation needs to cover the cost of purchasing and/or adapting a home with alterations like wet rooms, wide doorways, hoists and dedicated therapy spaces.

Loss of Future Earnings – Unlike an adult who has been working for years, a newborn injured at birth will never have the opportunity to earn a living. The calculation would also need to cover what they would have earned over a 45-year career (based on national averages and family background).

The Impact of High-Value Injuries

Not all birth injury negligence claims lead to multi-million-pound payouts, though. The cases that pay the most almost always involve permanent neurological damage. Common ones include:

Cerebral Palsy: Often the result of oxygen deprivation (asphyxia) during labour. Medical staff can fail to notice whether the child is able to breathe properly whilst being delivered.

HIE (Hyponic-Ischaemic Encephalopathy): This is a specific type of brain injury caused by a lack of oxygen and blood flow, often leading to epilepsy, developmental delays, a lack of mental capacity and more.

Erb’s Palsy: These nerve damages caused by shoulder dystocia or excessive force can result in permanent arm paralysis, leading to lifelong independence issues.

How are Birth Injury Claims Calculated?

Calculating a claim is a rigorous process involving medical experts, architects, and forensic accountants. You can divide the payout into two “heads”:

1. General Damages: For the physical pain, suffering, and general loss of ability to enjoy life.
2. Special Damages: The lion’s share of the claim, covering all financial losses and care costs we mentioned above.

Every case is unique, but you can treat these figures as a general guide:

• Moderate Birth Injuries: £50,000 – £500,000 payout
• Severe Erb’s Palsy: £250,000 – £1,000,000 payout
• Severe Cerebral Palsy/ Brain Damage: £10 million – £25 million+ payout

Red Flags: Was Your Maternity Care Negligent?

Sadly, many families only realise something went wrong during the birthing process years later when more obvious symptoms appear. Looking back, they should consider the following:

Ignored Concerns – Did they tell staff something was wrong, only to be ignored?

Monitoring Failures – Were the child’s heart rate monitors showing signs of distress, and were these acted upon?

Delayed Intervention – Was an emergency C-section delayed?

Traumatic Delivery – Did excessive use or force during delivery lead to physical trauma?

Recent research into UK maternity scandals has shown that these are anything but isolated incidents. Often, they’re the result of understaffing or even a dangerous culture that prioritises a “natural birth” over clinical safety.

Explore Birth Injury Compensation Claims with St Helen’s Law

If you believe your child has suffered irreparable damage during the birthing process, you should explore a maternity negligence claim to give your child the financial backing they need heading into later life.

While most adults only have three years to claim, for birth injuries, the clock doesn’t start ticking until the child turns 18, giving you plenty of time to gain the justice you and your child deserve.

At St Helens Law, we are here to provide a compassionate, expert ear and to help you navigate the complexities of securing the future your child deserves. Our medical negligence solicitors will gather evidence, examine medical records, investigate your healthcare provider and create an ironclad case in your favour.

If you suspect your child’s injury could have been prevented, contact our specialist clinical negligence team today for a free, sensitive consultation.

The post Why are Birth Negligence Compensation Claims so High? appeared first on St Helens Law.

According to recent data, clinical negligence claims (also known as ‘medical negligence claims’) in the 2023/24 period rose by almost 10% compared to the previous twelve months. The same data also shows that total payouts by the NHS to claimants remained above the £2 billion mark for the third year running.

From this, it’s fair to assume one of two things:

• More claims are being made (and won) than ever before.
• Standards of care within the NHS continue to decline, and negligent treatment is on the rise.

The first point could be seen as a beacon of hope for someone seeking to make a clinical negligence claim, or those who are already embroiled in the process.

At St Helens Law, our legal practice is home to specialist medical negligence lawyers and can help you if you feel you have received improper treatment from the NHS, or private medical practice. We will hear your story, gather medical records and other evidence, and do everything we can to ensure you receive the appropriate clinical negligence compensation.

Because of this, we’re always keeping an eye on how shifts in government legislation and similar variables may affect clinical negligence law.

So what can we expect from clinical negligence law in 2025? Let’s discuss some of the big factors we may see over the next few months, and what they could mean for you.

The relationship between NHS funding and clinical negligence claims

With arguably more pressure on the National Health Service than at any time in its history, and an ever-expanding population (the Office of National Statistics predicts this will reach 70 million by 2026), proper allocation and use of funding will be essential to keep the NHS from reaching breaking point.

But with the new Labour government still in its infancy, and the British people yet to feel any major positive impact from manifesto promises, it could be a few years before things are truly turned around.

As we mentioned above, clinical negligence claims represent a massive portion of NHS spending. So until care quality within the system improves, and claims begin to subside, it wouldn’t be a shock to see the government explore alternative funding models and alterations to how claims are made, to keep the service afloat.

In the same breath, drastic changes could cause concern over how the NHS is managed, which may lead Labour to focus on implementing legislation concerned with improving patient rights, as well as funding, to balance opinions.

One piece of legislation we were pleased to see was the Clinical Negligence Claims Agreement 2024, which made significant improvements to the COVID-19 Clinical Negligence Protocol 2020.

Read more about this by clicking the above link.

Other areas of interest in 2025 clinical negligence law

1. Fixed recoverable costs

One way to cap NHS spending in clinical negligence claims would be the introduction of fixed recoverable costs in lower-value cases. 

An idea that was being discussed by the previous Conservative government, this ruling would limit the amount the NHS would need to repay to cover legal costs incurred by the claimant, in the event of a successful claim. 

The belief was this would apply in cases where damages would not exceed £25,000 (representing around 60% of cases) and would help control the monetary damage caused by such payouts.

However, the thought was not without its potential issues.

While these fixed recoverable costs would speed up and simplify the claiming process, it may also leave legal professionals out of pocket, should their fees exceed the amount the NHS was able to cover – though this would likely only apply to complex cases. 

At the time of writing, there has been no mention of these changes being made by the new Labour government, suggesting it may have been placed on the back burner for now. 

2. Personal Injury Discount Rate (PIDR)

In layman’s terms, PIDR is used to decide how much defendants must pay claimants should the impact of negligence or injury continue to affect them throughout their lifetime. This is also applicable in clinical negligence claims.

When these claimants receive a lump sum, PIDR is implemented to adjust the amount received to account for the prolonged need for financial stability. However, this rate is also set to ensure claimants are not overpaid, creating fair ground between insurers, defendants and claimants.

While the rate of PIDR has been in decline for several years, it was raised to 0.5% by the Lord Chancellor following the 2024 Personal Injury Discount Rate Review, and was brought into effect in January 2025.

A higher figure sounds like a welcome change, at first glance, but don’t be fooled. The higher the number, the less a claimant will receive. So for claimants with long-standing or catastrophic injuries, careful planning should begin as soon as possible to ensure they’re still able to manage their finances in 2025.

3. The impact of Lord Darzi’s report

As we mentioned previously, there’s a high probability that the increasing number of clinical negligence claims is directly linked to the quality of care (or lack thereof) delivered by the NHS. And this was never as clearly outlined as in the independent report by Lord Darzi in the latter half of 2024.

Commissioned by the Secretary of State for Health and Social Care, the damning report outlined serious failings in the NHS, going as far as to say it had not been able to offer the level of care expected by the British people for almost a decade. Here are just a few of the points raised by Lord Darzi, in his own words:

• The NHS is in a terrible state
• The NHS has not been able to meet the most important promises made to the people since 2015
• A&E is in an awful state
• Cancer care still lags behind other countries
• Care for cardiovascular conditions is going in the wrong direction
• The picture on quality of care is mixed

The list goes on.

As we move forward into 2025, the government will hopefully take the findings of this report into serious consideration, making changes in the way the NHS is managed and operated, for the betterment of patient treatments and care by medical professionals.

In turn, and with bated breath, we should hopefully see a decline in clinical negligence claims, which would reduce the demand for specialist medical negligence solicitors. However, at the moment, this remains unlikely based on current trends.

Contact our medical negligence solicitors today

If you have received substandard care from the NHS, or a private medical practitioner, and this has caused you noticeable physical or mental anguish, you are well within your rights to launch a medical negligence compensation claim.

At St Helens Law, we’re experts in clinical negligence and medical negligence compensation and have helped many of our clients secure the compensation they deserve, easing the burden and distress caused by inappropriate medical conduct.

With more successful medical negligence claims being made today than ever before – including surgical negligence claims – there’s every chance you will join the long list of people finally receiving justice, having been let down by a healthcare professional.

Alternatively, if you’re concerned someone you care about has been the victim of medical malpractice, though they lack mental capacity, you may still be able to make a medical negligence claim with our help.To find out more about medical negligence cases and how much compensation you may be entitled to, speak to St Helens Law. Give us a call on 01744 385171 or fill out the contact form at the top of this page and a member of our helpful team will be back in touch very shortly.

The post What can we expect from clinical negligence law in 2025? appeared first on St Helens Law.

There’s a severe lack of funding within the NHS.

We all know this.

The budget for health and care services is incredibly stretched at the moment, leading to staff shortages, ever-growing waiting lists and unfortunately – in some cases – a sub-par level of care. So there’s no denying, something definitely needs to be done to address the issue.

One suggestion that’s been rumbling within the government…

To introduce Fixed Recoverable Costs (FRCs) for clinical negligence cases.

According to the latest reports, compensation payouts for NHS clinical negligence claims totalled an eye-watering £2.8 billion in 2023/2024 (i.e. approximately 1.7% of the entire NHS budget). Plus, claimant legal costs increased by 11% last year – to £545 million.

It’s believed FRCs could help to reduce these costs moving forward, allowing the saved money to be spent elsewhere and reinvested in frontline services. 

Perhaps it would, perhaps it wouldn’t.

But as leading clinical negligence solicitors, our priority is – and will always be – our clients. How would the proposed FRCs affect those claiming for NHS negligence? Would it impact the viability of your case? Make it trickier to get the financial justice you deserve?

Here we take a closer look.

What are fixed recoverable costs (FRC)?

FRCs, essentially, limit how much your solicitor can spend.

At present, if your clinical negligence claim was successful, your full legal bill – however big or small that may be – could be claimed back from the losing party (e.g. the NHS). Meaning you wouldn’t be out of pocket. But if an FRC system was implemented, there would be a pre-determined, maximum amount that you’re entitled to claim.

FRCs are an established practice in most other areas of personal injury claims.

So why not clinical negligence cases too?

According to the government, the legal costs recovered for successful claims are currently – on average – over double the amount of compensation awarded, particularly for low-value claims. For example, whilst the claimant may receive £1000 in compensation, their final legal bill may total £30,000 or more. And such cases make up around 60% of all NHS claims.

By introducing FRCs, they believe legal costs would become more proportionate to the value of damages awarded – which, in turn, would help to ease the financial strain on the NHS.

What would the changes mean for you as a claimant?

If FRCs were implemented, these would apply to all clinical negligence cases which settle at the pre-litigation stage – with compensation valued between £1,501 and £25,000.

Some cases may be excluded from the scheme – for example, those where there are multiple defendants, those where there are more than three liability experts or those which involve a neonatal death or stillbirth. All other cases, however, will be pursued under one of two claims tracks: standard or light.

Generally speaking, the standard track will be used for most claims where there is likely to be a dispute on liability. The light track, on the other hand, will provide a slightly quicker option – enabling a swifter resolution for straightforward cases, especially where liability is not in dispute.

For standard track claims, legal costs will be capped at £7000 plus 30% of damages.

For light track claims, legal costs will be capped at £3250 plus 20.5% of damages.

Is it a cause for concern?

There’s no denying, the proposed FRCs do pose some challenges for clinical negligence cases.

From the perspective of a solicitor, it would certainly make it difficult to find the right balance between justice and profitability – two key elements of working in the legal industry. So much so, it may drive some specialist law firms out of clinical negligence altogether.

For the claimant, the issue of ‘justice’ is certainly a cause for concern. For example:

• Some serious cases may be impossible to take forward.
• It may encourage health providers to deny liability unreasonably.
• It could even create an unfair playing field – limiting the costs that you could potentially recover as a claimant, whilst the defendant is free to spend as much as they like.

But it’s important to keep in mind, these changes are still just hypothetical.

Initially, the system was scheduled to start from April 2024. This was then delayed due to ‘outstanding issues’ until October 2024. But at that point, still, nothing happened. The issue wasn’t even discussed by the Civil Procedure Rule Committee at their latest meeting.

Fast forward to the new year, and there are rumours that it could now be implemented in April 2025. But this is mere conjecture and nothing official has been said to that effect.

Clinical negligence claims at St Helens Law

Think you may have fallen victim to clinical negligence?

Please don’t hesitate to contact us, here at St Helens Law.

At present, absolutely nothing has changed about clinical negligence claims.

Our specialist solicitors can guide you through the entire process, from advising on your eligibility and completing the initial paperwork to gathering evidence and negotiating a settlement – typically, on a ‘no win no fee’ basis.  Which means, if you win, legal costs will be covered by the defendant. If you lose, our fees will be covered by an insurance policy.

In the event that FRCs are implemented later this year, inevitably, we will be bound to adopt them. But thanks to the skill and expertise of our team, in most cases, we should still be able to achieve financial justice on your behalf – whilst staying within the new restrictive budget.

To take the first step, why not book your free initial consultation by filling out the form on this page? Alternatively, if you have any questions, contact our clinical negligence department by calling 01744 385171 or simply send an email to info@sthelenslaw.co.uk.

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FRCs have been proposed for clinical negligence claims. Find out what that could mean for you, and contact our clinical negligence solicitors at St Helens Law.

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That’s you, and many thousands of others.

In a recent government-commissioned report – by the professor of surgery and former Labour minister, Lord Darzi – it was revealed that NHS negligence claims have nearly doubled over the last decade, surging from 14,615 in 2011/12 to a huge 28,780 in 2023/24.

Aside from pensions and nuclear decommissioning, according to the report, these claims are now the largest liability on the government’s balance sheet – with compensation payouts totalling an eye-watering £2.8 billion over the last 12 months.

To put that into perspective, that’s 1.7% of the entire NHS budget.

This rise in claims has also been corroborated by NHS Resolution’s Annual Report.

NHS Resolution is the body that manages all clinical negligence claims against the NHS. Over the last year, they’ve recorded a 3% increase in claims – from 10,567 in 2022/23 to 10,834 in 2023/24. This was across all areas of the NHS, but the highest numbers were seen in emergency medicine, obstetrics, orthopaedic surgery and general surgery. 

Their report also stated that, despite efforts to resolve these claims early, the financial burden of fighting them is also increasing. Claimant legal costs went up by 11% to £545m in the last year, NHS legal costs rose by 6.4% to £169m, and £2.1bn in damages was paid out to claimants.  

Why the seismic surge in claims?

Some people have suggested this steady and significant increase in NHS claims for negligence could be attributed to awareness. Over time, patients have simply become more aware of the complaints process and their rights regarding clinical negligence compensation.

Whilst this may be true, Darzi’s report comes to a much more damning conclusion – that this surge in claims simply indicates the dire state of the NHS.

Placed under the chapter on ‘quality of care’, the report’s section on clinical negligence paints a pretty dismal picture of England’s health and care services.

On the whole, the NHS was described as being in a ‘critical condition’.

A&E is in an ‘awful state’, waiting times for hospital procedures have ‘ballooned’, and cancer care still lags behind other countries. Due to staff shortages, a lack of funding, and the ongoing impact of the pandemic, too many mistakes are being made – which, ultimately, is why complaints have doubled and clinical negligence claims are at an all-time high.

Have you fallen victim to this clinical negligence endemic?

If you’ve suffered in any way due to poor quality of care or a clinical error within the NHS, you too could be eligible to make an NHS negligence claim. Common examples include:

• medication errors
• missed or delayed diagnosis
• misdiagnosis
• a delay in or failure to treat
• surgical errors
• lab mistakes
• negligent personal care

But this certainly isn’t an exhaustive list.

It doesn’t matter how badly you’ve been affected by the act of negligence. Whatever the nature or severity of your condition, from a small injury that healed relatively quickly to a missed diagnosis with life-changing repercussions, you should be able to claim.

It also doesn’t matter where you received the treatment – whether it be at a GP practice, a hospital, an independent service (such as a mental health clinic or physiotherapy centre) etc. All of these organisations have a ‘duty of care’, and if that duty was breached – and you’ve experienced harm or suffering as a result – you may be entitled to compensation.

The only condition is that you must submit the claim within three years of the negligent act, or the date at which you became aware that someone was at fault (i.e. the date of knowledge).

Is it worth claiming?

Following an incidence of clinical negligence, you may be going through a tough time. Perhaps you’re in a lot of pain or discomfort? Maybe it’s taken its toll on your mental health? Or has had a financial impact due to your sudden inability to work?

Right now, we appreciate, making an NHS clinical negligence claim may feel like the least of your concerns. But in most cases, it’s advisable to do so.

• Financial support

The reality is, illness and injuries can be expensive.

Whether you’re having to take time off to recuperate, need to make costly alterations to your home, or simply have to pay for transport to and from the hospital, it can all add up.

Compensation can be a great help at such a difficult time, used to cover these unexpected costs and bills, support your day-to-day life and get you well on the way to recovery.

• Zero repercussions

Making a clinical negligence claim won’t have any negative consequences.

By law, you can’t be refused treatment due to your claim. Any ongoing treatment won’t be delayed or affected – although you do have a right to ask for your care to be moved.

There’s also no need to worry about taking money from the NHS budget or impacting other patients’ healthcare. Claims against the NHS are all handled by NHS Resolution – a separate body with its own funds.

The only impact your claim may have on the NHS is a positive one – helping to highlight the safety issues that led to your injury, and prompting change to stop it from happening again.

• A straightforward claims process 

Claiming isn’t the long-winded stressful experience that you might expect.

According to NHS Resolution’s latest report, 81% of NHS claims in 2023/24 were resolved outside of the courtroom – typically using simple dispute resolution methods, such as mediation. What’s more, 52% were successful and resulted in the payment of compensation.

Timeframes can vary from around 12-36 months. But by recruiting our NHS negligence solicitors, you can sit back and focus on your recovery. We’ll take care of everything on your behalf, aiming to achieve the best possible outcome in the easiest possible way, and can even arrange interim payments in the meantime.

Want to find out more?

If you think you may have fallen victim to NHS clinical negligence and are considering joining the thousands of patients who have already made a claim, please don’t hesitate to contact us.

Here at St Helens Law, clinical negligence is one of our key specialist areas, and we’re always on hand to help. Either call us on 01744 385171 or fill out our online contact form and we’ll get back to you as soon as possible to arrange a free no-obligation consultation.

This is the perfect opportunity for us to answer any questions, address any concerns you may have, and learn more about your experience of NHS negligence. Using this information, we can then advise on your eligibility to make a claim against the NHS and your chances of success.

Get in touch today!

The post Rise in NHS Clinical Negligence Claims: Are You Eligible too? appeared first on St Helens Law.

Perhaps a few promising statistics might help to persuade you.

Every year, NHS Resolution – an arm’s-length body of the Department of Health and Social Care – oversees thousands of clinical negligence claims on behalf of the NHS. In July, the organisation published its annual report for 2023/24.

This sets out each of their four strategic priorities – including claim resolution, insights, maternity outcomes and investing in people and systems – and details its performance and accountability against each over the last 12-month period.

It’s a hefty 100 page document. But here we provide a brief overview of some of the key highlights. The positive take-home messages, which we think are pertinent to our existing clients or anyone who is currently considering starting a clinical negligence claim.

NHS Resolution claims

A few positive points to take from this year’s report.

1. Most claims were resolved outside the courtroom

Many people are hesitant to make a clinical negligence claim as they don’t want the stress or hassle of going to court – which is completely understandable. However, you shouldn’t let these concerns put you off seeking compensation. The reality is, court cases are extremely rare.

NHS Resolution always focuses on achieving a fair and timely resolution, whilst keeping people out of formal legal processes wherever possible. Ultimately, the goal is to minimise both distress for the claimant and costs. And over the last year, the organisation has demonstrated its commitment to taking a ‘positive, less adversarial and more collaborative’ approach.  

According to the report, a record 81% of claims were resolved in 2023/24 without resorting to legal proceedings – continuing a trend seen over the last 7 years. And over 10,800 claims (the highest number ever) were actually resolved using alternative dispute resolution processes.

This included the use of resolution meetings, mediation and ‘stock take’ discussions.

Generally, it’s only the most severe and complex of cases – such as extremely serious instances of medical negligence or life-changing or fatal injuries – that make it to the courtroom.

2. Over half of claims were settled with compensation

The number of NHS negligence claims resolved in 2023/24 decreased slightly – compared to 2022/23 – from 13,552 to 13,382. However, as the portfolio of cases varies significantly from year to year, some fluctuation is to be expected. And crucially, of the claims that were resolved, an impressive 52% resulted in the payment of damages (compared to 51% the year before).

In other words, more than half of claimants received compensation.

This is a highly promising statistic, which reflects the organisation’s continued commitment to delivering fair outcomes – and ensuring people get the financial justice they deserve.

3. The average compensation has risen

Of course, the exact amount of clinical negligence compensation awarded varies greatly from case to case and will depend on many factors – including the type and severity of the injury, the circumstances under which it was obtained, recovery time, your subsequent quality of life etc.

However, it’s still encouraging to learn that in the last year, the overall value of damages – particularly for the most severely harmed patients – has continued to increase. With NHS Resolution paying over £2.8 billion in compensation (compared to £2.6 billion in 2022/23).

What’s more, the average amount of compensation in 2023/24 was £204,672.

This is an average across all claim types. The average for specific cases can range from around £1000 up to several million. But again, these figures indicate that NHS Resolution is paying damages when it’s right to do so. And with a specialist clinical negligence solicitor on your side, it’s possible to achieve a fair and appropriate level of compensation.

Ready to start your clinical negligence claim?

Far too many people miss out on their rightful compensation due to uncertainty regarding the NHS Resolution claims process and the likelihood of their claim being successful. But it’s important to do so.

No amount of money will turn back the clocks or make up for the suffering experienced. But it could aid your recovery and get your life back to where it was beforehand. Plus, it can help to shine a light on safety issues and prompt action to prevent it from happening again.

The statistics in this latest report are certainly very reassuring. At the very least, they demonstrate the NHS Resolution’s commitment to reaching a fast and fair resolution.

Here at St Helens Law, we’re always on hand to offer our support. If you’re still unsure whether you should make an NHS negligence claim, or would like to know more about the process, why not arrange to speak to a member of our team?

Our solicitors will be glad to vet your case to establish whether it’s worth pursuing. Following your free no-obligation consultation, we can advise on both your eligibility to make a claim and – should you decide to go ahead – the chances of it being a success.

Established in 2001, our firm is experienced and knowledgeable in this specialist area of the law. We have a comprehensive team of insurers, medical experts and barristers at our disposal, with the right skills and expertise for all types of accidents and injuries. Plus a fantastic record of success, with most cases reaching a satisfactory outcome during the initial negotiation stage.

To book a time and date for your consultation, simply give us a call on 01744 385171. Or if you prefer, pop a few details into our online form and we’ll respond as soon as possible.

The post NHS Resolution’s Annual Report 2023/24: Good news for claimants? appeared first on St Helens Law.

But it also brought about one big, positive change.

That is, the introduction of the COVID-19 Clinical Negligence Protocol 2020.

Agreed between NHS Resolution and various key stakeholders, this protocol was created to manage clinical negligence claims during the pandemic – allowing them to be processed fairly and efficiently, despite the widespread upheaval of the healthcare system.

Four years on, this protocol has now been replaced with a new Clinical Negligence Claims Agreement (August 2024). An agreement designed to formalise the changes made by the protocol, build on its success and make further improvements.

Here at St Helens Law, clinical negligence is one of our specialist areas.

We’re incredibly pleased to hear of this new agreement and believe that, ultimately, it will lead to much faster and better outcomes for our clients. If you’re thinking of starting a clinical negligence claim, here we explore how it might help throughout the claims process.

How will the new agreement make a difference?

There are five key features to be aware of:

1. Extended limitation periods

Clinical negligence claims are time limited.

That means, typically, you’ll have three years to start proceedings – either from the date of the incident/injury or the date on which you became aware there was a problem caused by the alleged negligence.

However, as part of the new agreement, it will be possible to extend this three-year ‘limitation period’ in certain cases (e.g. following an Inquest) – therefore providing much more flexibility for claimants and their representatives, particularly in the aftermath of the pandemic.

2. Transparency

The new agreement emphasises the importance of openness and transparency between the claimants’ representative and the defendant (i.e. the NHS), encouraging both sides to:

• Disclose relevant documentation early, ideally before court proceedings begin.

All defendants (including Hospital NHS Trusts) are specifically required to provide documents relating to any investigations, complaints and duty of candour letters.

• Improve communication protocols

Wherever possible, evidence and legal documents should be exchanged via email, instead of physical mail. Plus, remote video calls should be used for any discussions.

• Settle the claim without delay

This includes a requirement for a representative of the defendant, who has financial authority to settle the claim, to be available on the day of any settlement meeting.

Ultimately, these small changes are hoped to eliminate any issues quickly, thereby speeding up NHS negligence claims and reducing investigation costs throughout the process.

3. Collaboration not confrontation

According to the new agreement, NHS defendants and claimants’ solicitors should always act in the ‘spirit of collaboration’ – aiming to avoid unnecessary litigation where possible.

As such, a ‘stock take’ discussion is proposed.

Before starting proceedings, both sides should consider what steps could be taken to reduce the issues and reach a settlement outside of the courtroom. This could include the early exchange of expert evidence, for example, or alternative dispute resolution techniques such as mediation. Again, the goal is to speed up the process and promote a faster resolution.

4. Interim payments

Anyone who has suffered due to clinical negligence shouldn’t be left out of pocket.

That’s why most clinical negligence solicitors – including our team here at St Helens Law – will oversee the claim on a ‘no win no fee’ basis. And ‘interim payments’ are so important, helping to cover everything from bills to immediate medical care and rehab expenses.

In line with this, the new agreement encourages defendants to take a fair and reasonable approach to these interim payments – particularly if liability has been admitted.

It also stipulates that defendants should pay adequate subsistence costs, as well as travel expenses if they require the claimant to attend a medical assessment with their experts.

5. A meaningful apology

If the defendant has admitted liability, the agreement suggests they should send a detailed and meaningful letter of apology as soon as possible – which acknowledges what happened, including the impact it had on the claimant, and takes responsibility for the negligence.

The letter should also explain the patient safety lessons learned as a result of the incident, outlining any changes that have (or will be) made to procedures, training and policies – to hopefully improve patient safety and prevent similar incidents from happening in the future.

It’s hoped this will help to rebuild trust between the claimant and the NHS, becoming a valuable part of their healing process and – ultimately – helping to resolve the claim much faster.

Start your NHS negligence claim today

Whilst this new agreement may not be legally binding, it will help to standardise improvements to the clinical negligence claims process – and as leading experts in this complex area of the law, we’re confident it will lead to faster, much more positive outcomes for claimants.

Encouraging a transparent and less confrontational approach should make the claims process much more straightforward – allowing any issues to be quickly eliminated and ensuring a satisfactory resolution (and settlement figure) is reached in a reasonable timeframe.

Plus, by providing the claimant with a fuller picture of how the clinical negligence occurred in the first place – and, crucially, an apology – it should also lead to a fuller sense of justice.

Claiming against the NHS may feel like a daunting prospect. But with the introduction of this new agreement – and the expertise of a specialist NHS negligence solicitor on your side – you can secure the financial justice you so rightly deserve, with minimal fuss or effort.

Here at St Helens Law, not only can we advise on your eligibility to claim, we can put together a successful NHS negligence claim that accurately reflects your circumstances – ensuring you receive the best possible settlement, in the quickest and easiest way.

What’s more, we can also help with any day-to-day support – including the arrangement of interim payments – or rehabilitation that you require to get your life back on track.

The first step is to get in touch. To arrange a free consultation with our specialist NHS negligence solicitors, you can either fill out our online form or send an email to info@sthelenslaw.co.uk. Alternatively, if you have any questions – about the Clinical Negligence Claims Agreement 2024 or anything to do with NHS negligence – feel free to call us on 01744 385171.

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Giving birth always carries a risk. But here in the UK, there are certain legal standards the doctors and midwives should follow to help minimise those risks – giving mother and baby the best possible chance of leaving the hospital happy and healthy.

Unfortunately, however, those standards aren’t always upheld. 

Over the last 10+ years, staff at East Kent Hospitals University NHS Foundation Trust were found to have failed catastrophically in this duty – leading to devastating (and in some cases, even fatal) consequences for the families affected.

The high-profile inquiry discovered that out of the 202 cases examined, up to 45 babies may have survived, 12 babies may not have suffered a brain injury and 23 women who died may have had a different outcome – if only they’d received nationally-recognised standards of care.

And the sad truth?

Some of these families are still awaiting the outcome of their maternity negligence claims, and are yet to receive the moral justice and financial compensation they’re owed.

A question of liability

The report into maternity services at East Kent Hospitals was cut and dried.

Headed by Chairman Dr Bill Kirkup, each case was examined in detail, and it was found that gross failures of the maternity team had led to ‘avoidable deaths and injuries’. What’s more, the trust gave the appearance of ‘covering up the scale and systemic nature’ of its problems.

But it seems such damning conclusions aren’t enough for NHS Resolution.

Whilst the inquiry’s investigation panel weren’t in a position to rule on medical negligence, they did provide a robust clinical assessment of each case. Which Kirkup hoped would be ‘taken into account in deciding to offer early settlement instead of a protracted dispute’.

However, despite everything, NHS Resolution have stated that families will need to prove liability for the harm caused before receiving any compensation – by recruiting medical negligence solicitors, undergoing physical and psychological assessments and gathering evidence from obstetric, midwifery and neonatology experts.

Several cases have been resolved, but many other families are still going through the process of claiming – and, for these people, the end is nowhere in sight.

How to prove medical negligence

Considering the circumstances and the findings of the inquiry, it was hoped a more compassionate approach would have been taken for these families. But that hasn’t been the case, and the usual process for NHS negligence claims will have to be followed.

An NHS Resolution spokesperson said this will involve ‘reviewing the evidence on each case, including inquiry findings, to determine whether the care was negligent and caused harm’.

Fair or unfair? That’s open for debate.

But what can be agreed, is that proving liability can feel very daunting. For anyone in this position, about to bring a claim for maternity negligence – or any other form of medical negligence – here we explore what’s needed to prove the relevant standards weren’t upheld.

What evidence will you need?

To give your medical negligence claim the best chance of success, typically, your legal representative will gather three key types of evidence:

1. Medical evidence

Evidence taken from your medical records can be instrumental in proving responsibility.

Analysed by your solicitor and an independent medical expert, they can be used to demonstrate the substandard level of care received – and how this led to avoidable harm or injury.

You’re also likely to be asked to attend a medical examination. This is to determine the extent and severity of your injuries and their impact on your life – now and in the future.

2. Statements

Firstly, your solicitor may ask you to provide a personal statement. This should be as accurate as possible, and will need to include details of each stage of your treatment, where you think staff failed in their duty of care and how the injury has affected your daily life.

A number of additional witness statements may also be requested.

These could be from healthcare professionals, carers, people present at the time of the negligent care (especially if there were times at which your consciousness was impaired) and family and friends who have seen the physical and psychological impact of your injury.

By building a complete picture, such accounts can help to support your claim.

3. Financial evidence

Once your solicitor reaches the point of calculating a settlement figure, evidence is required to prove any expenses that have arisen from your injury. For example, this could include payslips and bank statements to prove your lack of income, invoices for any medical treatment or rehabilitation services, receipts for travel to hospital appointments etc.

Is it difficult to prove medical negligence?

This depends on the individual circumstances and the evidence that you can collect.

You need to prove that the care received fell below a reasonable standard. What is a reasonable standard can be made known by seeking an opinion from another expert in that field. You have to show that the fall in standard caused you to suffer harm.  And to do this, the evidence collated will need to show that:

1. The medical professional/establishment had a duty of care towards you or the patient
2. This duty of care was breached
3. That breach caused you or the patient in question harm (known as causation)

One thing is for certain though…proving medical negligence is much easier with the help of a medical negligence solicitor.

Thanks to their specialist knowledge in this complex area of the law, a solicitor is ideally placed to advise on your eligibility to claim and guide you through the process. Plus, they can request medical records on your behalf and typically have access to a network of medical experts – allowing them to gather the necessary evidence to support your case.

Contact our medical negligence solicitors

Think you may have grounds to make a maternity or birth injury claim?

Or maybe you’ve fallen victim to another form of medical or clinical negligence?

Please don’t be discouraged by the thought of having to prove liability.

It’s important to seek your rightful compensation for any pain, suffering or losses you’ve experienced. And with the insight and support of our medical negligence solicitors on your side, the process of making a NHS medical negligence claim – and, importantly, collating evidence – is usually pretty straightforward.

Here at St Helens Law, we have experience in claims relating to maternity and birth injuries, as well as negligence issues across a wide range of other medical and clinical sectors. So whatever the nature of your experience, or the severity of your injury, it’s worth reaching out.

We’re here to help and can take care of all the legal aspects of your claim, from gathering the evidence and arranging medical examinations to calculating a fair level of compensation and negotiating with the defendant. Leaving you to focus on your recovery.

To request a free initial consultation, simply fill out the form at the top of this page. Or, if you have any questions – about medical negligence claims, how to prove medical negligence, how we can support you etc. – please don’t hesitate to get in touch. Either call us on 01744 385171 or send an email to info@sthelenslaw.co.uk.

The post A poor response to the East Kent medical negligence claims appeared first on St Helens Law.

Why did the treatment not work out?

We have found the Trusts up and down the region very helpful in telling families why treatment has not worked out as they expected. Very often a simple letter to the Trust will elicit an explanation that satisfies the family and restores their faith in the NHS.

We are quite happy to sit down with families and assist them in putting together a letter to a Trust seeking an explanation as to what has happened. There is no charge for this service.

Howard Nulty of SHL Solicitors says” We recognise that the NHS has a lot to do and even more so at the moment. By us helping families with their complaints we believe that a lot of NHS time and money can be saved.  More importantly faith in the NHS for families can be restored. We can use our expertise to assist the families to understand what has happened”

Families can simply call our office to arrange either a face to face meeting or a remote meeting if preferred.

Contact us for support

If your family has had a bad experience with medical treatment, our team of experts at St Helens Law will provide the best level of support.

To contact us today regarding any questions you have, be sure to call our friendly team of lawyers on 01744 385171 or get in touch via email at info@sthelenslaw.co.uk. You can also fill out our online form to request a FREE consultation today, and we will gladly respond as soon as we can.

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There cannot be many people who have not heard the expression “keyhole surgery” (KHS).  The first such surgery was performed on animals at the start of the last century, but it has become a common way of having all kinds of surgery since the 1960s.

The main advantage to this surgery is that it is “minimally invasive” . No large incision is needed and the recovery time from such surgery is usually a lot less than open surgery. Risks of infection are less with KHS and the length of time that is needed for you to be in Hospital is much reduced.

Everyone would agree that keeping stays in hospital to a minimum and avoiding post operative infection are really good reasons why KHS should be used.  There are however real risks posed by these techniques that patients should be aware of.

Firstly the use of a camera and cutting tool are skills that need to be acquired. These skills sadly, it seems, are acquired by practising on patients rather than at medical school.

Laparoscopic (another term for KHS) Cholecystectomy or Gall Bladder removal is common in hospitals around the UK. Sadly what is also common in these operations are patients who have been admitted for Gall Bladder removal only to find that during the removal other organs are damaged, making their overall condition far worse than it was before. Bowel damage and damage to the bile ducts are common place in KHS, where in open surgery they are a lot less so.  Sadly it seems that surgeons who are being guided inside the abdomen by camera keep on cutting even when they are unsure as to what they are cutting. Sepsis and all of its fatal traits is common where the bowel is pierced and the content of the bowel empties into the abdomen causing massive infection. Sadly it can be the signs of the infection (temperature/ fever) that indicates the presence of the bowel damage before the treating surgeon even knows. We have represented many clients who have had KHS only to become very ill postoperatively owing to the bowel being pierced and the treating surgeon being completely in the dark as to the injury.

Laparoscopic Nephrectomy (kidney removal) is another area where inadvertent damage is done to the other internal organs, owing to the treating surgeon not knowing where he is cutting. One expert surgeon suggested that the maxim is “If you are not sure where you are, stop cutting” but it seems that some do not.

KHS is used in genealogical and orthopaedic procedures as well. You would have thought that in the latter area that  there was little that could go wrong, but sadly even in orthopaedics there are areas where much damage is caused by surgeons carrying on cutting even though they are completely in the dark as to what they are cutting. One client had his arteries and nerves severed during a knee operation supposedly to make his knee joint better. The result is a patient who cannot use his leg now as he would have been able to do even if he had left his leg as it was.

NHS Trusts are slow to accept that their surgeons can cause such damage. A lot of the time the issue is one of training. Surgeons are being allowed to perform surgery when they are simply not sufficiently well trained to do so.

Happily we have access to some excellent expert witnesses who can see when there has been a case where insufficient care has been taken. It might also be time for the NHS to take stock of exactly what they save by using KHS and what they end up paying out by way of damages and legal fees let alone the cost to society of looking after badly injured victims of poor procedures.

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