Suing the NHS for
Medical Negligence

If NHS treatment has caused you avoidable harm, you may be entitled to claim compensation. Our experts guide you through every step – no win, no fee.

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When & Why You Might Sue the NHS

While the NHS delivers excellent care in most cases, things can go wrong. If you’ve experienced avoidable harm due to poor treatment, a legal claim may be the only route to justice and financial support. Whether the issue involved surgery, medication, misdiagnosis, or lack of aftercare, you have the right to take action when standards fall short.

Common grounds for NHS claims include:

Misdiagnosis or late diagnosis of a serious condition
Errors during surgery or anaesthesia
Mistakes in prescribing or administering medication
Inadequate monitoring during childbirth
Failure to act on abnormal test results

It’s important to distinguish a negligence claim from a complaint. Complaints are handled internally via NHS PALS and may result in apologies or service improvements, but they do not lead to compensation. If financial redress is needed for injuries, lost earnings, or long-term care, a legal claim is required (and bringing a claim without a solicitor will reduce your chances of success). Speak to one of our specialist solicitors to discover if you’re eligible.

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Am I Eligible to Make a Claim?

To bring a successful claim, four key elements must usually be proven:

1

Duty of care

The healthcare provider had a legal responsibility to care for you.

2

Breach of duty

The care fell below acceptable medical standards.

3

Causation

The harm you suffered was a direct result of that substandard care.

4

Damage

You experienced physical, emotional, or financial harm as a consequence.

Is there a time limit?

You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.

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The Claim Process

Suing the NHS is complex, but we handle everything from start to finish. Here’s how it works:

1

Initial assessment

We evaluate whether the care you received likely breached legal standards.

2

Medical records & expert evidence

We collect your records and consult independent medical specialists.

3

Letter of claim

This formal document outlines how the NHS provider failed in their duty of care and what impact that had. The NHS then has four months to investigate and respond.

4

Negotiation and settlement

If the NHS accepts liability, your solicitor will negotiate the amount of compensation you’re entitled to. Most cases settle before going to court.

5

Court proceedings (if needed)

If the NHS disputes the claim, we may issue formal court proceedings.

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Your Questions Answered

Is it ethical to sue the NHS?

Yes – if you’ve suffered life-changing harm, claiming is often necessary to access the care, equipment, and support you now need. Many clients are also motivated by a desire to prevent similar mistakes from happening to others. Compensation claims can trigger internal investigations and improvements in patient safety.

Who pays compensation when I sue the NHS?

Compensation in NHS negligence claims is paid by NHS Resolution, the body responsible for handling legal claims on behalf of NHS trusts in England. It is funded by the government and by contributions from NHS organisations, which pay annual premiums into a pooled indemnity scheme.

This means payouts don’t come directly from an individual hospital’s budget, but from a central fund set aside to cover negligence claims. The aim is to ensure that patients harmed by poor care receive fair compensation without compromising day-to-day NHS services.

What’s the difference between making a complaint and suing the NHS?

A complaint is handled by the NHS itself – often through PALS – and is designed to resolve dissatisfaction with care. While you may get an apology or explanation, you won’t receive compensation. A legal claim is needed if you’ve suffered physical or psychological harm and are seeking damages. You can pursue both routes, but complaints are not required before suing.

How much compensation can I receive from the NHS?

NHS compensation varies significantly depending on the severity of the harm and the impact on your life. Payments are generally split into:

General damages: for pain, suffering, and loss of amenity
Special damages: covering financial losses, e.g. lost income, ongoing care, or treatment costs

Can I sue the NHS if a loved one died?

Yes – if a family member has died due to negligent NHS care, you may be entitled to bring a fatal medical negligence claim. Compensation may include bereavement damages, funeral costs, and loss of financial dependency. Reach out to understand your rights under the Fatal Accidents Act and the Law Reform (Miscellaneous Provisions) Act 1934.

Do NHS negligence cases usually go to court?

No – the vast majority of NHS negligence cases are resolved without going to trial. Around three-quarters of claims are settled out of court through negotiation. NHS Resolution, which defends claims on behalf of NHS trusts, often accepts liability or makes a financial offer once the facts and expert evidence are reviewed.

Going to court is typically a last resort and usually only happens if liability is denied or a fair settlement can’t be agreed upon. Even if court proceedings are issued, many cases still settle before a trial date. Our priority is always to secure the right outcome for you as efficiently and compassionately as possible, without unnecessary stress.