Suing the NHS - anyone done this?

Your post says "An incredibly long story, but the short version is: I was given incorrect medical information and have been suffering for a total of 8 months altogether (and counting)."


You have not stated what the problem is.

Is this musculoskeletal / surgical / medical/ mental health?


You say that you were given incorrect information. This could be hard to prove.

You do not say that you were given incorrect treatment. This would be easier to prove.


Are you intending to sue for prolongation of symptoms which if correctly diagnosed would have resulted in a sooner recovery?
i.e. final outcome is the same, but you have suffered for longer?

Are you intending to sue for permanent loss of function / reduced length of life. e.g. failure to diagnose a cancer?



It should also be noted that some symptoms are very vague/non specific at first, but then become clearer with time.

It should also be noted that "common things are common" and that you may have been given appropriate first line treatment / investigations but this did not resolve things, hence the need for further tests / scans etc.

It should also be noted that many papers may have been published by non-uk doctors. In USA there is easy access to scans and investigations which are not so easily available in UK. Are your "expert papers" based upon standards of care in USA or standards of care in a standard UK NHS hospital /GP setting?


With regard to your google expert research, this would not be valid in court. You would need to discuss with a solicitor who would instruct "an expert" (ie a doctor specialising in that field) to produce an independent medical report, which may include relevant research papers / medical book references.

It would be very expensive to fund your claim by yourself.

If you are planning to seek legal action, I suggest that you speak with a legal team specialising in medical negligence. They would be able to advise you on the likelihood of success of a claim on a "no win no fee basis" - if they decline to support you then it would be because your claim has very low likelihood of success.

For negligence, the solicitors would need to prove any of the following:

a) An injury to the Claimant that she would not otherwise have suffered.

b) A prolonged period of pain and suffering.

c) Unnecessary investigations and procedures.

d) A prolonged period of treatment and/or recovery.

e) A poorer medical outcome. (edited)

It’s a deadlock letter, means you can go to the ombudsman, as both parties believe they’re correct.

Not suing but have you tried speaking to a medical health lawyer and see what their advice would be, you can get a free consultation etc. (edited)

My friend used no fee solicitor and won £15,000.

My grandad sued them, He's got terminal bowel cancer that's spread elsewhere. Could have been avoided if they hadn't previously neglected his concerns and acted quicker etc.. He got over £160k but an impending early death due to their negligence etc.. They just kept diagnosing "irritable bowel syndrome", He knew it was more than that but nope, They knew best!

Just use a no win no fee medical negligence solicitor. They (NHS) will have some of the best lawyers in the country/world so it isn't something you'll be able to do by yourself.

A friend of ours father was told he had months to live then a few months later was given an apology and told they wrongly diagnosed him. To be fair most of the people that work there are fantastic but also majorly overworked so they probably are more prone to getting things wrong.

I was told to put my complaint to PALS. Did u do this?

Are you on a union? Some offer free legal services

I'm in the process of suing but it's a very, very long process. I can't go into details either but my case is with a solicitor after the Ombudsman sat on the case for 14 months before deciding the case was too big/serious for them and I was advised to see a solicitor.

Be prepared for battle, but if you've been so badly wronged, try and see it through with a no win no fee solicitor (the legal term is a conditional fee agreement, or CFA). Really don't waste time with the Ombudsman - with a serious case go straight to a solicitor. (edited)