NHS Redress Scheme

The NHS Redress Scheme was introduced in Wales in 2011, providing the opportunity for individuals to claim up to £25,000 in compensation for complaints against the NHS. Also known as the ‘Putting Things Right Scheme’, the arrangements make it possible to receive an apology and financial award without having to pursue a civil medical negligence claim.

Any mistakes made by the NHS, no matter how minor or seemingly insignificant, can have a huge impact on your general wellbeing. Depending on what your complaint relates to, you may have been forced to pay for private medical treatment and counselling or have lost income due to having to take time off work.

Making a claim through the NHS Redress Scheme can ensure that you receive suitable compensation for a complaint you make with the NHS.

We understand that making any sort of complaint following inadequate medical treatment can be an upsetting prospect, with the thought of pursuing a claim through an NHS compensation scheme being particularly daunting. However, with the right legal support, pursuing an NHS pay-out for negligence can be made much more straightforward. This is where our solicitors can help.

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Why choose Devonalds for your NHS Redress claim in South Wales?

At Devonalds, our team have substantial expertise in supporting individuals and families in Rhondda Cynon Taff and Bridgend to make NHS medical negligence claims. During our many years of practice, we have established a strong connection with the local community along the way.

Our clinical negligence solicitors will ensure that you have all the support and information you need to make an informed decision on how to proceed with making an NHS compensation scheme claim. If you have any questions about the process of claiming compensation from the NHS, we will be more than happy to answer them for you in plain English and with no legal jargon.

Wherever possible, our team will find a swift resolution to your NHS Redress Scheme claim that ensures you receive exactly what you are entitled to following a Health Board investigation. However, if for any reason your qualifying liability for a Redress payment is not accepted, we can proceed to advise you on your options, such as making a civil medical negligence claim.

Speak to us today about starting an NHS Redress Scheme Claim

For a friendly, informal discussion about whether you or a loved one are entitled to make an NHS Redress claim, please get in touch with your local Devonalds team in Bridgend, Caerphilly, Church Village, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.

How making an NHS Redress Scheme claim works

Starting a claim with the Health Board

There is a strict system of redress in place which must be followed when you plan on raising a complaint with the intention of claiming compensation from the NHS.

You must make the Health Board aware of your concerns and intent to raise a complaint verbally, via email, or by post. Our clinical negligence solicitors can support you in drafting this letter of complaint, providing a broad overview of the series of events, and the list of questions you require an answer to.

Health Boards are obligated to investigate any complaints that have been raised through the NHS Redress Scheme within 12 months of the date on which the matter of concern occurred.

Responding to the outcome of an NHS redress investigation

After the Health Board have investigated a concern, they will issue a letter of response. The outcome you face will, of course, depend on the circumstances of the case and whether they believe that you have sufficient grounds to receive compensation from your Redress claim.

To be eligible, the ‘qualifying liability’ needs to be met.

There are four likely outcomes from an NHS Redress Scheme investigation:

• A qualifying liability does exist – The Health Board will have recognised that a breach of duty took place. They may offer Redress at this stage or, alternatively, may need to investigate the matter further to make a reasonable offer.
• A qualifying liability may exist - The Health Board will have identified that there was a breach of duty, but further investigation will be necessary to identify what injuries may have taken place.
• A qualifying liability does not exist – The Health Board does not think that any breach of duty took place and will not be inclined to award compensation under the NHS Redress Scheme.
• The value of the claim is too high – The cap on Redress Claims is £25,000. If a claim is likely to be higher than this, it cannot be considered under the NHS Redress Scheme.

Our clinical negligence solicitors will provide immediate support in response to Redress claim investigation, ensuring that you understand exactly what steps to take next in order to secure the compensation you are entitled to.

Time limits for NHS Redress claims

There are strict limitation periods for claiming compensation from the NHS under the NHS Redress Scheme.

Generally, there is a three year limitation period for medical negligence claims. Under the NHS Redress Scheme, if the Health Board identify a qualifying liability may exist, the limitation period is paused from the date they acknowledged the claim.

If you still need to clarify how long you have to make a claim, please get in touch with one of our clinical negligence solicitors as soon as possible.

Making a civil medical negligence claim

There is a possibility that, after making an initial claim under the NHS Redress Scheme, you will not be able to access suitable compensation. This may be because the Health Board have failed to recognise there was a failure in the Duty of Care, or the value of the claim exceeds £25,000.

In these situations, it may be possible to make a civil medical negligence claim. This is something the team at Devonalds have substantial expertise with and we will be able to advise you on whether this would be suitable for your case.

Common questions about NHS Redress claims

When will the NHS Redress Scheme apply?

To successfully secure compensation through the NHS Redress Scheme in Wales, a qualifying liability needs to be met. The qualifying liability is a two-stage test.

It needs to be established there has been a breach of duty, which means there is evidence that the treatment you received fell below a reasonable and accepted standard. There also needs to be causation, demonstrating that any harm caused was the direct result of a breach of duty.

What does it cost to make an NHS Redress claim?

The Health Board is obligated to fund the cost of any legal representation for the patient, as well as funding the costs of any medical experts needed for the case. This means, under the system of Redress, you will not be liable for any costs.

What happens if a financial award is above the NHS Redress threshold?

If the financial award suitable for a case is above the threshold for a Redress payment, it may be necessary to pursue a civil medical negligence claim. This is something our expert medical negligence solicitors can help you with.

Will you get an apology under the NHS Redress Scheme?

Alongside any financial award, you may also receive an apology under the NHS Redress Scheme. We understand how important it is to have an acknowledgement of the damage caused by a medical error, and we will strive to ensure you receive an apology for your case.

Start an NHS Redress Scheme Claim in South Wales

For a friendly, informal discussion about whether you or a loved one are entitled to make an NHS Redress claim, please get in touch with your local Devonalds team in Bridgend, Caerphilly, Church Village, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.

You can also contact us by filling in this form or calling your local Devonalds office.