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How To Sue The NHS

Having celebrated its sixty-fifth birthday recently, the NHS is still going strong and continues to be a truly fantastic institution. It has helped many people and is a real asset to all of us living in Northern Ireland. Occasionally though mistakes are made by NHS professionals that impact negatively on your life or the life of a loved one – this can involve injury and even death. NHS negligence is therefore a very serious matter and you may want to consider suing the NHS.

NHS Medical negligence involves mistreatment by medical professionals which has resulted in an injury or death. If you or a loved one has suffered an injury due to NHS negligence then you should consider making a claim. To find out more about the services Paschal O’Hare Solicitors Northern Ireland offer then visit our medical negligence page or read on to find out just how to claim against the NHS.

Can I Claim for NHS Medical Negligence?

You may not be aware that you can claim against the NHS for medical negligence but you can. Before we go into how to sue the NHS, you will want to have a good idea that medical negligence has occurred. You can claim if you can show the following:

  • DUTY OF CARE – The NHS owes you a duty of care
  • BREACH OF DUTY OF CARE – Through negligent treatment or failure to provide treatment the NHS have breached this duty of care
  • INJURY – The breach of duty of care by the NHS has caused your injury or illness

How To Sue The NHS

At Paschal O’Hare Solicitors Northern Ireland we have many years’ experience in helping people like you with NHS negligence claims. It is very difficult to prove medical negligence so it’s important that you have as much guidance as soon as possible in order to help your claim. We have put together this four step checklist to help you understand how to sue the NHS:


If you or a member of your family are still receiving care in hospital and feel that you have been or are being mistreated then you should confront the NHS medical staff directly to file a formal complaint. Formal complaints are an important way of getting essential information about a procedure or treatment. Be sure to keep a record of any discussions that you have with medical staff and keep any written correspondence. To find out more about the complaints procedure you can go to the NHS Website.


You have a right to request and receive your medical records (there may be a small charge). This gives you the chance to prove if some important piece of information has been missed by NHS medical professionals when deciding procedures and treatments.


As we’ve already mentioned pursuing a claim for NHS medical negligence is not easy as you are claiming against medical professionals who are experts in their field. You may feel that you are not qualified or don’t have the knowledge to argue the case. However, if you feel that something was not right with your treatment or a procedure and that your injury could have been avoided then contact a medical negligence solicitor. At Paschal O’Hare Solicitors we have the knowledge to deal with every aspect of your claim and help you sue the NHS without adding to an already stressful situation. If you have any questions at all at this stage please call us for free on 0800 020 9311 or fill out our online enquiry form. Medical negligence solicitors have the expertise to progress your NHS negligence claim.


Because you need to prove that the NHS has breached its duty of care, evidence is essential to your success in suing the NHS. Patients must show evidence of both negligence and causation (proving that there is a direct link between the negligence and your injury) for a claim to be made. A medical negligence solicitor will acquire an independent medical expert to appraise the case and they need as much evidence and information as possible. Keep as many notes and records relating to your treatment, injury and correspondence as you can.

NHS Medical Negligence Claim – Act Now

Medical negligence claims have a three year deadline in the UK from either the date of the injury or when you became aware that your injury may have been caused by negligence. The three year limit does not apply to children until their eighteenth birthday.

How Paschal O’Hare Solicitors Can Help

At Paschal O’Hare Solicitors Northern Ireland, we have been dealing with the complexities of NHS negligence for a number of years. We have the expertise to help you with every stage of suing the NHS. If you think you may have suffered NHS medical negligence and want to find out more about claiming against the NHS then call us now on 0800 020 9311 or complete our Free Online Enquiry form. Paschal O’Hare’s teams of solicitors in Belfast and Carrickfergus are waiting to help you now.

For more information on medical negligence claims please click here to return to our medical negligence section.

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