If you have suffered negligent treatment from a nurse, IBB Claims can help you to pursue a claim for nursing negligence compensation.
We trust nurses to provide us with the highest standards of care, no matter what injuries or conditions they are treating. So, when the care provided by a nurse fails to meet a reasonable standard, the effects on the patient can be devastating, both in the short-term and the long-term.
Nursing negligence can come in a number of different forms, ranging from a failure to administer appropriate medication, causing additional injuries by not following proper procedures or simply not acting when they would otherwise be expected to. Where it can be proved that a nurse acted negligently, it may be possible to claim compensation.
Compensation could be used to help you in all sorts of ways, such as to replace any lost income if you are unable to work following the actions of a negligent nurse, or to pay for counselling to help deal with the emotional fallout of such a traumatic experience. If you do not feel as though you can trust the healthcare provider responsible for your negligent treatment, compensation could also be used to pay for private healthcare.
IBB Claims’ Medical Negligence team are experts in all types of claims, including nursing negligence claims. We offer a free initial consultation to discuss your claim and how we can help. Our team have a strong track record of success, and the majority of claims we handle are settled out of court.
No win no fee funding is available if you choose to pursue a nursing negligence claim with our team, which means there is no upfront cost or financial risk to worry about.
You will normally need to start a nursing negligence claim within three years, although you sometimes have longer to claim depending on the circumstances (see nursing negligence claims time limits). We therefore recommend getting in touch with us as soon as possible so you do not risk missing your opportunity to claim.
How to start a nursing negligence claim
The first step is to find out if you are likely to have grounds to make a compensation claim. We offer a free, no obligation initial discussion with one of our expert medical negligence claims solicitors to discuss your situation and give you all the information you need to decide whether to pursue a claim.
The free initial consultation will cover:
- Whether you are likely to be entitled to compensation for nursing negligence
- How much compensation you may be entitled to
- How the claims process works
- Your funding options (including no win, no fee)
- Other questions you would like answered
We want to make sure that our claims service is accessible as possible. This means that we offer no win, no win funding, more formally known as a ‘conditional fee agreement’.
With a conditional fee agreement, you do not need to pay anything to get a claim underway. You only contribute to the legal fees if we are successful in securing compensation for you and if your claim is unsuccessful, you will not owe us anything.
Making a no win, no fee nursing negligence claim removes the need for you to find the money to cover our fees. As an alternative to no win, no fee, we will discuss the availability of legal expenses insurance, to cover legal costs. Legal aid was taken away by the government for the majority of medical negligence claims and is therefore no longer available.
Three years is the standard time limit for any type of medical negligence claim, including nursing negligence. This is counted from the ‘date of knowledge’, which is the date on which you were first aware, or could have become aware, of the issue and that medical negligence occurred.
That being said, there are certain exceptions to the standard time limit that may mean you have longer to bring a claim forward. Common examples include where:
- The claimant is under 18 – the date of knowledge applied from their 18th birthday, giving a final claims deadline of their 21st birthday.
- The claimant lacks mental capacity – there is no time limit for someone else to claim on their behalf, unless the claimant regains mental capacity at a later date (in which case, the three-year time limit would be counted from the date this occurs).
- The claimant has died – their loved ones will usually have three years from the date of death to make a claim.
Find out more about time limits for medical negligence claims.
Our expertise with nursing negligence claims
Our Medical Negligence team has a track record of success in winning compensation for our clients following instances of nursing negligence. We understand how difficult it can be to recover from nursing negligence and are ready to use our breadth and depth of expertise to support you, to ensure you obtain justice and the compensation you are entitled to.
IBB Law is highly ranked by leading client guides the Legal 500 and Chambers & Partners while medical negligence specialist Simon Pimlott has been Independently recognised for his expertise. Sources say: "He has an empathetic manner which clients find reassuring."
Our team are highly experienced, so can give you the best chance of securing compensation without court proceedings. However, should court proceedings be required, we have the litigation skills to ensure your claim has the best prospects of success..
Nursing Negligence claims FAQs
What is nursing negligence?
Nursing negligence refers to when a patient receives substandard care from a nurse that results in physical or mental suffering. It is likely to be the result an error, mistake or lack of action that does not meet the standard expected of a competent nurse.
Due to the wide range of duties nurses are expected to carry out, there are a number of different types of nursing negligence that can occur, either by mistake or error. This could include, but is certainly not limited to:
- Failing to record correct information on a patient
- Not correctly assessing a patient’s condition
- Administering incorrect or inappropriate medication
- Failing to report test results
- Misusing a medical device
- Not following a doctor’s instructions
How do you prove nursing negligence?
To prove that the care or treatment you received from a nurse was negligent, it needs to be established that the nurse or nurses in question breached their duty of care in a way that was avoidable and that, on the balance of probabilities, the negligence caused you harm.
This will mean that various pieces of evidence will be required to help support a claim. This could include medical records, photographs or videos and reports from independent medical experts. Those reports will consider whether your resulting injury or condition was caused by the negligent treatment you received.
What is a nurse’s duty of care?
Every nurse is held to various professional and legal standards of care towards their patients, ensuring that they take care of them and avoid causing any harm.
The Royal College of Nursing (RCN) is the professional body and trade union for nurses. It carries out work on nursing standards, education and practices. To discharge the legal duty of care, the body states that health practitioners must act in accordance with the relevant standard of care. This is generally assessed as the standard expect of an ‘ordinarily competent practitioner’.
The Nursing and Midwifery Council (NMC) Code sets the standard for education, conduct and training, making sure that nurses deliver the best possible performance for their patients..
How much compensation can you claim for negligent nursing care?
The level of damages you may be able to claim for nursing negligence will depend on the impact on your life, both in a physical and emotional sense.
Examples of things you may be able to claim for include:
- Pain and suffering (physical and emotional)
- Loss of amenity (not being able to carry out activities you previously could)
- Loss of Income
- Cost of private medical treatment
There is no set time limit for medical negligence claims, including nursing negligence. Typically, a claim might take somewhere between about 2 years to resolve, but this is not always the case.
Claims will proceed faster if a settlement can be negotiated out of court and will normally take longer if court proceedings are required.
Will compensation hurt my welfare benefits?
Nursing negligence claims could be counted as part of your assets and income, for the purposes of means testing in relation to welfare benefits.
This problem can be avoided by placing compensation into a personal injury trust, which may be worth considering depending on your circumstances and the amount of compensation you receive. Placing money in a trust means you can keep all your means tested welfare benefits, even though you may have received a substantial sum for nursing negligence.
Find out more about personal injury trusts.
Get in touch with our expert nursing negligence solicitors today