Meet the lawyers we work with: Tracy Chick

Share:

Everything You Need To Know About How To Claim Against The NHS

The NHS provides care to large numbers of patients across the UK every day. According to data from NHS England, there were a total of 2,395,886 attendances at A&E departments across England during May 2025. During most of these interactions, patients may receive appropriate and satisfactory care. However, during some of these interactions, patients may suffer avoidable or unnecessary harm. If you have been harmed by medical care you may wish to know how to claim against the NHS.

Key Points

    • There are as many as 363 million GP appointments annually (excluding covid vaccinations).
    • Compensation may include that for your pain, suffering and financial losses.
    • NHS negligence claims could involve a variety of different types of services and providers.
    • Compensation is paid out by the arms-length body, NHS Resolution.
    • We work with a panel of specialist solicitors based across the country who can help with medical negligence claims.

Please contact our team for more information on how to claim against the NHS.

NHS healthcare providers treat a patient.

Jump To A Section

How To Claim Against The NHS For Medical Negligence

To claim against the NHS for medical negligence, you will need to satisfy the eligibility criteria. This is because any type of compensation claim must clearly show that you suffered avoidable harm and that another party was at fault. Whether a claim is settled between the parties involved or needs to go to court, specific legal criteria must be met.

There are 3 main criteria which all NHS compensation claims must meet.

These criteria are,

  • A duty of care existed. Any medical practitioner working in the NHS (or an NHS service provider) owes you a duty of care whilst you are in receipt of medical care.
  • The duty was breached. The medical practitioner or service provider identified above failed to meet acceptable professional standards. This may include the failure to meet standards by professional bodies, such as the General Medical Council (GMC)
  • The breach caused a patient harm. Your (or a loved one) experienced harm which was unnecessary or otherwise avoidable.

Please note that in order to bring a claim against the NHS you must satisfy ALL of the above criteria. There may be circumstances where a degree of harm may be unavoidable. For example, some procedures may have unavoidable or otherwise common side effects.

Can I Claim If The NHS Referred Me To A Private Hospital?

You could claim compensation if the NHS referred you to a private hospital or clinic. Irrespective of whether your medical care was provided by the NHS, a private hospital or other healthcare provider, you are owed the same duty of care. Professional standards set by the GMC or other relevant bodies are applicable to medical professionals working in either the NHS or private healthcare.

If this duty of care was breached, you have the same entitlement to make a compensation claim if your case meets the criteria set out above.

Please contact our team for further information on how to claim against the NHS or another healthcare provider.

The Average Compensation Amounts Paid By The NHS

We can work out the average compensation amount paid by the NHS by looking at the total amount paid out, divided by the number of claims made in a given year. Annual statistics from NHS Resolution for the year 2023/24 show that,

  • Total damages paid across all schemes amounted to £2,824,414,344.
  • The number of new cases resolved was 13,784.
  • This gives us an average figure of £204.672.

The highest total amount of compensation was awarded for claims involving Obstetrics with Cerebral Palsy/Brain Damage. The value of such claims totalled £716,563,876 in 2023/24. The next highest total was £141,768,927, awarded for NHS negligence claims involving emergency medicine.

We should note that whilst we can calculate the average compensation amount paid by the NHS, this may not be relevant to your case. As we shall see in more detail in the next section, each claim is individually assessed. This means that how much compensation a claimant will be awarded may be based on that case’s unique circumstances.

An advisor could help you understand more about how clinical negligence claims may be valued.

A nurse scans a patient. The failure to spot signs of harm may be grounds to sue the NHS.

How Much Compensation Could I Get For NHS Negligence?

How much compensation you could get for NHS negligence may depend on the harm you sustained, its degree of severity and the wider impact it has had on you. This is because compensation may include up to two heads of loss. The first of these is general damages, which are awarded for the claimant’s pain and suffering. The second is special damages, which are awarded for financial losses.

For example, you may be awarded between £396,140 and £493,000 in general damages for quadriplegia. This compensation bracket comes from the Judicial College Guidelines (JCG). These guidelines may be used by specialist medical negligence solicitors, the courts or other parties to compensation claims.

We have taken relevant examples from the JCG to create the following table.

HarmSeverityCompensation Guideline
Multiple types of harm + an award for special damages. This may include lost income.Severe types of harm.Up to £1,000,000+ where an award for special damages, such as medical expenses is included.
Paralysis.Tetraplegia/ quadriplegia - A.£396,140 to £493,000.
Brain damage.Very severe - A.£344,150 to £493,000.
Kidneys.Serious damage to or loss of both kidneys - A.£206,730 to £256,780.
Bowels.Cases of double incontinence - A.Up to £224,790.
Bladder.Loss of bladder function and bladder control - A.Up to £171,680.
Back.Severe - A (iii).£47,320 to £85,100.
Spleen.Loss of spleen + infection risk - A.£25,380 to £32,090.
Arm.Simple forearm fracture - D.£8,060 to £23,430.
Shoulder.Fractured clavicle - E.£6,280 to £14,940.

These figures are presented for informational purposes only and are not guarantees of what a claimant may be awarded. The initial example is not a bracket taken from the JCG. This is our own illustration of what a claimant may be awarded where special damages are also taken into account.

It is recognised that claimants may experience financial losses as a result of the harm they suffered. Special damages may be awarded for the following:

  • Lost income and earnings. You may be compensated for lost income and workplace benefits, such as pension contributions, caused by taking time off work to recover.
  • Medical care costs. This may include out-of-pocket expenses you had to meet, such as the cost of medication or surgery.
  • Home and vehicle adaptations. You may recover the cost of adapting your home or vehicle to cope with a disability or long-term health condition.
  • Transport costs. Including the cost of getting to medical appointments.

Please contact an advisor to find out how to claim against the NHS and how your case may be valued.

What Is The NHS Negligence Claim Time Limit?

The standard NHS negligence claims time limit is 3 years. This is set by the Limitation Act 1980. Successful medical negligence claims must be filed within this 3 year time limit. This act ensures that medical negligence claims are brought promptly, whilst evidence is still easily accessible. The 3 year period may begin on the date of negligence, or when the claimant became aware of the harm.

There are 2 exceptions to this time limit. The first of these is for children. The second is for adults lacking the mental capacity to make a claim. Where the claimant is a minor, the 3 year time limit begins at age 18. No time limit applies for those lacking the mental capacity to act on their own behalf. However, if this capacity is recovered, they will have 3 years from that date. A litigation friend could make a claim on behalf of either of these parties.

An advisor could connect you to a solicitor from our panel. They could ensure that your claim is filed within the applicable time limit and that you can sue the NHS.

A doctor looks at two different scans of a patient.

Is It Unethical To Claim Against The NHS?

It is not unethical to claim against the NHS if you suffered negligent treatment. Patients are entitled to care which meets professional standards. Where such care fails to do so and they are harmed, a patient has a right to see compensation. In addition to being compensated for their pain and suffering, bringing a claim can also hold medical professionals accountable.

Official bodies, such as NHS Resolution, exist to deal with clinical negligence claims. By having claims handled by a separate, arms length body, seeking compensation does not undermine frontline NHS budgets or services. Instead, it can help to support the improvement of such services by highlighting individual or systemic failures which led to a patient being harmed. If patients were denied the right to claim compensation their suffering may be dismissed and systemic failures shielded from accountability.

Please speak to us about how to claim against the NHS.

Will Anything Happen To The Doctor Who Treated Me?

The doctor may face consequences if the treatment they provided you was poor, you were harmed and the issue was severe enough. However, it is not guaranteed that they will do so. When a patient makes a complaint to the NHS about poor medical care and/or claims compensation, the doctor may face consequences. When you sue the NHS for medical negligence, your case will be handled by NHS Resolution. This body will investigate any allegations of negligence. If the doctor is found to have acted negligently, they may face disciplinary action. This may include further investigations carried out by the NHS Trust they worked for or the General Medical Council (GMC). The GMC has the power to restrict, suspend or revoke the registration of a doctor.

Please note that not all NHS medical negligence compensation claims will result in serious consequences for the doctor(s) involved. Learn more about how to claim against the NHS by talking to an advisor.

Will I Still Be Able To Receive NHS Care If I Make A Claim?

Making a compensation claim against the NHS will not affect your right to access NHS care. This means that patients can make NHS negligence claims whilst facing no restriction or discrimination in the care they are provided. The NHS Constitution sets out the rights and responsibilities of both patients and staff. The principle of equal access to treatment regardless of factors such as legal action against the National Health Service, is enshrined in the constitution.

Were a healthcare provider to attempt to deny your case based on your making a claim, it would violate the NHS’s principles and legal protections you have.

Common Reasons For NHS Compensation Claims

NHS compensation claims could arise from a variety of different forms of medical negligence. Patients may seek compensation for harm caused by misdiagnosis, poor care or surgical negligence. Previously highlighted data from NHS Resolution shows that some of the most common reasons for claims made in 2023/24 included poor care in obstetrics and gynaecology, paediatrics, emergency medicine and surgery, to name a few.

Below we look at different reasons for making NHS compensation claims.

Medication Errors

Medication errors are a common reason for NHS compensation claims. Patients could make NHS negligence claims for errors including incorrect prescriptions, dosages or administration of a medication.

For example, a nurse may misread information on a patient’s chart. They administer the wrong dose, giving the patient too high a dose. This causes the patient to suffer an adverse reaction and severe harm.

Misdiagnosis Or Delayed Diagnosis

Misdiagnosis or delayed diagnosis can also be a frequent cause of NHS medical negligence claims. Where there is an unnecessary delay in getting the right diagnosis or a patient is otherwise misdiagnosed this can lead to worsened health outcomes. Cancer, heart conditions and others may be exacerbated by delays in getting the right diagnosis.

For example, the results of an MRI scan of a patient’s lungs are wrongly interpreted, being diagnosed as a condition other than lung cancer. The patient is incorrectly prescribed antibiotics. The delayed treatment allows the patient’s cancer to progress. This later requires stronger and more invasive treatment.

Birth Injuries

Birth injuries are also a common reason for NHS compensation claims. NHS medical negligence claims could be made on behalf of mothers or babies. We can see from previously supplied NHS Resolution data that obstetrics, gynaecology and paediatric care are all reasons for making a claim.

For example, negligent care during the delivery of a child, such as the overly forceful use of forceps, could lead to a baby suffering cerebral palsy.

Surgical Errors

Surgical errors are also highlighted by NHS Resolution data as being a major reason for people to make medical negligence claims. Patients could be harmed by circumstances such as wrong-site surgery or retained instruments.

For example, a patient’s chart may be mislabelled with the wrong surgical site, highlighting that surgery should be performed on the left knee, rather than the right. The patient undergoes unnecessary surgery and is still left with their original injury, requiring further surgery.

Accident & Emergency Negligence

Negligent care in emergency medicine, as well as by paramedics, are also reasons for making medical negligence claims. Patients may face unnecessary delays to treatment or the misdiagnosis of their condition. Again, this has been identified as one of the main reasons people need to bring compensation claims against the NHS.

For example, a patient presents to an A&E department with the signs of a stroke. These clear signs are not spotted during triage. This results in the patient’s condition further (and unnecessarily) deteriorating.

Find out how to claim against the NHS in any of these circumstances by speaking to a member of our team.

What Evidence Will I Need To Claim Against The NHS?

You will need to provide specific types of evidence to make a successful claim against the NHS for medical negligence. To claim compensation, patients (or those claiming on their behalf) must provide evidence, such as,

  • Copies of medical records. Medical records will contain details of how the patient was cared for, including any initial and subsequent diagnosis or treatment.
  • Witness contact details and statements. You may collect the contact information of anyone who witnessed the negligent medical care take place and/or of the harm you suffered.
  • Expert medical opinions. If you choose to claim with a specialist solicitor, you may be asked to visit an independent medical expert. This expert would carry out an assessment of the harm you suffered. They will then create a medical report, which may be submitted with your claim.

NHS Resolution will require claimants to provide clear evidence which establishes that health professionals breached their duty of care to a patient. The evidence must show why the care provided was substandard and the impact it had on the person.

A medical negligence solicitor could assist you in collecting the evidence needed to claim against the NHS.

Can A No Win No Fee Solicitor Help Me Claim?

Yes, a No Win No Fee solicitor could help you to claim compensation from the NHS. Working with a No Win No Fee solicitor could allow you to seek compensation without the need to meet immediate and upfront solicitors fees. Under a No Win No Fee agreement, solicitors fees are only payable if the claim is successful.

A solicitor from our panel may be able to offer you a specific type of No Win No Fee agreement, known as a Conditional Fee Agreement (CFA). This allows the solicitor to work on your case whilst only charging for their work if successful. The CFA will clearly set out that you will pay a success fee upon completion of the case and if won. This fee will be levied as a percentage of your compensation and there is a legal limit on what percentage may be charged. This also ensures that you will receive the bulk of your compensation.

A solicitor could further help you by,

  • Explaining complex legal terminology.
  • Setting out how to claim against the NHS.
  • Assisting in gathering important evidence.

Contact UK Law’s Advisors

Our advisors are on hand to help you. If you meet the eligiblity and wish to pursue a claim, they can connect you to our panel. You can contact one of UK Law’s advisors by,

Medical negligence solicitors explain how to claim against the NHS.

Learn More

Learn more about medical negligence in these resources.

References.

In this guide we have set out how to claim against the NHS. Our team are on hand 24/7 either to further explain how NHS negligence claims work, or review your case and connect you to one of the specialist medical negligence solicitors from our panel.

Meet The team

  • Tracey Chick UK LAW author and Lawyer

    Tracy Chick stands as a dedicated and expert Personal Injury and Road Traffic Accident lawyer, distinguished by her prestigious MASS Diploma in the field. Her profound understanding of UK road traffic law is not only applied daily in complex legal cases but also shared through her contributions to various legal guides. Tracy has both authored and meticulously reviewed multiple comprehensive guides on UK law, solidifying her reputation as a knowledgeable and trusted voice in the legal community.