Can you sue the NHS for waiting times?

Jodi Newton

The NHS is facing an unprecedented challenge with 7.47 million people waiting for routine treatments. This crisis impacts everyone, from those awaiting critical heart procedures to children missing school due to untreated conditions. If you feel you have suffered adversely due to NHS backlogs or other similar issues, our medical negligence solicitors may be able to help you make a claim.

What is the impact of NHS waiting lists?

England’s NHS waiting lists have hit the highest number since 2007,  with nearly 400,000 people waiting for over a year to start treatment and some waiting for three years for routine orthopaedic operations. This also consists of over 300,000 people with heart problems, and nearly half of these patients have been waiting for nearly five months for procedures such as tests and CT scans or transplants and stents. The British Heart Foundation have noted that these delays represent a substantial risk for those waiting for procedures, as thousands of extra deaths relating to heart disease have sadly occurred since the pandemic began, and the waiting list for heart-related treatment is thought to be a contributor.

• Cancer diagnosis delays – Those who are waiting to be diagnosed with cancer are suffering – having to wait for a cancer diagnosis delays the start of cancer treatment, and therefore reduces the chances of surviving cancer. NHS data experts found that there could be 25,000 people on the waiting list with cancer.
• Children missing school – Over a third of the overall waiting list consists of children, waiting for treatments ranging from dental work to tests relating to breathing difficulties. Whilst these children are waiting for their treatment and tests, they are living day-to-day with symptoms of their illnesses which can encroach on their education, with many children missing school.
• Patients opting for private health care – Many patients are giving up on these lengthy waiting lists, with some opting for private health care or some having to sadly live with their illnesses and ailments. The UK Government has promised to eliminate all wait lists of over a year by March 2025.

Addressing waiting times is crucial to improving patient outcomes and reducing the incidence of medical negligence claims.

Can you claim negligence due to NHS waiting times?

Yes, you may be able to claim negligence due to NHS waiting times if you have suffered significant harm as a result of delayed treatment. Prolonged waiting times can be cited as evidence of substandard care, particularly when they lead to worsened medical conditions, reduced chances of recovery, or unnecessary suffering.

Key considerations for a claim:

• Demonstrable harm – If your health has deteriorated due to excessive delays, you may have grounds for a claim.
• Failure to meet NHS targets – NHS England has legal guidelines for treatment timelines, but many patients experience significant breaches.
• Impact on patient outcomes – Delays in diagnosing and treating serious conditions, such as cancer or heart disease, can significantly reduce survival rates.

Given the ongoing backlog and hidden waiting lists, many patients are opting for private healthcare or living with untreated conditions. If you believe you have suffered due to NHS waiting times, our medical negligence solicitors can assess your case.

NHS England guidelines are no longer meaningful

In January 2023, Prime Minister Sunak pledged to cut NHS England waiting lists, saying, ‘lists will fall and people will get the care they need more quickly’. He explicitly promised to eliminate all waits of 18 months by April of this year and all waits of more than a year by March 2025.

The waiting lists must be dragged back into some order. According to NHS England’s website, patients have a, ‘legal right to start non-urgent consultant-led treatment’, within a maximum of 18 weeks, while the maximum waiting time to be seen for a specialist for suspected cancer is just 2 weeks.

The problem is that more than 40 % of patients are waiting longer than 18 weeks to start essential treatment. In Accident and Emergency departments, just 73% of patients are seen within 4 hours, as opposed to the standard of 95%. Vulnerable cancer patients are also suffering. As a Cancer Research representative stated, ‘These figures are among the worst on record and represent anxious delays’ for patients with suspected cancer, while placing ‘immense pressure on NHS staff’.

It is clear that the guidelines are now breached to such an extent that they no longer serve any practical purpose.

How can we help?

The waiting times crisis impacts everyone, from those awaiting critical heart procedures to children missing school due to untreated conditions. If you feel you have suffered adversely due to NHS waiting times, our Medical Negligence department may be able to help.

• Fill in our online enquiry form; or
• Call us on 020 7485 8811