NHS Claims

NHS claims are handled by NHS Resolution (formerly NHS Litigation Authority), a central organisation that investigates and responds to claims on behalf of NHS Trusts and organisations. They have extensive resources, medical and legal expertise, and detailed knowledge of NHS systems and protocols.

NHS Resolution investigates thoroughly and may instruct its own expert evidence. Where liability is clear, many claims settle without trial. Private healthcare claims are handled by individual providers’ insurers.

NHS Resolution is the organisation handling clinical negligence claims against NHS bodies. It provides insurance cover and claims handling for NHS Trusts, foundation trusts, and other NHS organisations. NHS Resolution investigates claims, instructs expert evidence, negotiates settlements, and responds to proceedings.

They operate several schemes including Clinical Negligence Scheme for Trusts covering acute care and maternity claims. NHS Resolution has detailed data on claim types, values, and outcomes. They defend claims where appropriate but settle when liability is clear.

You can make NHS complaints through Patient Advice and Liaison Service (PALS) or formal NHS complaints procedures. Complaints investigate what happened and may get apologies or service improvements, but you won’t be awarded financial compensation through a complaint procedure.

You can pursue complaints and compensation claims simultaneously. However, don’t delay legal advice waiting for complaint outcomes, as strict limitation deadlines apply. Complaint responses can provide useful information for claims but shouldn’t replace proper legal investigation with expert evidence.

NHS Resolution only admits negligence when expert evidence clearly establishes breach of duty and causation. They investigate thoroughly and often contest causation even when breach is admitted. Many claims settle through negotiation once both sides’ expert evidence is exchanged.

NHS Resolution may dispute claims where it considers liability or causation has not been established. However, many claims can be resolved through negotiation when liability is clear. Understanding NHS Resolution’s approach and instructing compelling expert evidence encourages admission and settlement.

The time to resolve an NHS claim depends on the complexity of the case and the issues involved. NHS Resolution investigates comprehensively, reviewing clinical records, instructing expert evidence, and considering defences carefully. High-value claims like birth injuries or catastrophic injuries take longer due to complexity.

Most claims settle once expert evidence exchange occurs and parties understand liability and the amount of compensation. Some require court proceedings and trial if causation is disputed. We work efficiently while ensuring thorough evidence gathering, but NHS Resolution’s investigation timescales affect overall duration.

Generally no. NHS waiting lists and treatment delays don’t usually constitute negligence unless delay causes specific harm that earlier treatment would have prevented. For example, if cancer diagnosis was made correctly but treatment was delayed causing disease progression, you might claim.

However, if diagnosis itself was delayed negligently, that’s a valid claim regardless of subsequent waiting times. Claims require proving delay fell below acceptable standards and caused harm proper timeframes would have prevented. Administrative delays without clinical negligence don’t usually give rise to claims.

GP practice claims are handled by NHS Resolution under the Clinical Negligence Scheme for General Practice. The process is similar to hospital trust claims. NHS Resolution investigates, instructs expert evidence, and handles settlement negotiations on behalf of GP practices.

GPs are NHS contractors rather than employees, but NHS Resolution provides their indemnity cover. Claims follow the same legal principles as other medical negligence claims requiring proof of breach of duty and causation. Expert GP evidence and specialist evidence establish whether care met acceptable primary care standards.