NHS Negligence Claims - Compensation Claims Against The NHS

What is an NHS negligence claim?

A patient can make a medical negligence claim against the National Health Service, NHS if a medical professional breached the expected reasonable duty of care, resulting in injury, illness or worsening of an existing condition.

The amount of compensation you may receive will depend on the severity of your condition and its effect on your life.

Our specialist medical negligence solicitors have extensive experience successfully claiming compensation from the NHS for negligence for substandard levels of healthcare, including:

Compensation for negligence by the NHS can only be paid if a lack of duty of care occurred, and this more likely than not led to your injury or illness.

When can I make a medical negligence claim against the NHS?

You can make a compensation claim for negligence against the NHS within three years of the date the negligence took place or from when you first became aware of your injury or illness.

You can claim for injury or illness caused by negligence from NHS staff, including doctors, nurses, GPs, consultants, paramedics, dentists, and care workers.

How do I make a medical negligence claim against the NHS?

The best way to find out your legal rights to make an NHS negligence claim is to speak to one of our specialist clinical negligence claims solicitors.

We will advise you of your legal rights, how much compensation you may be entitled to claim, and how long the process may take.

How much compensation can I claim for NHS medical negligence?

Recent figures from NHS Resolution state that the average amount of compensation paid in 2023/24 was £204,672.

However, the amount of compensation you may receive from the NHS for your claim will depend on how severe your injuries or illness may be and the effect it has on your life.

The level of compensation you may receive will depend on several factors, including:

The severity and type of injury you have suffered
The level of pain and suffering you have experienced and may continue to experience
Your medical costs to date, and the cost of ongoing medical treatment, and the care you may need
Your loss of earnings, including future earnings
The unique circumstances of your case.

The intention of awarding financial compensation is to put the claimant back in the position they would have been in had the negligence never occurred.

How is compensation calculated for an NHS negligence claim?

Compensation amounts for negligence claims brought against the NHS are calculated by combining the compensation you may be legally entitled to for both general and special damages.

General damages amounts relate to the severity of your injury or illness and the pain and suffering you may have experienced.

Special damages amounts are awarded for any additional costs you may have incurred, such as medical expenses, ongoing care you may need, and any potential future loss of earnings.

Our specialist medical negligence claims solicitors recognise that no amount of money can make up for what you may have suffered, so we take the utmost care and consideration into ensuring you are compensated correctly in relation to the severity of your injuries, the effects they have had on your life, as well as your loss of earnings and changes to your lifestyle.

What is the time limit to make a negligence claim against the NHS?

You have up to three years from the date the negligence took place to start your claim against the NHS.

Alternatively, you have up to three years from when you first became aware that the treatment you received from the NHS was negligent.

However, there are some exceptions to the three-year limit. These include:

Children have up to three years from the date of their 18th birthday to start a claim.
Individuals with limited mental capacity are not subject to the three-year time limit, and the limit will only start once their condition improves to a point where they are able to claim for themselves.

We recommend you start your medical negligence compensation claim as soon as possible, as this can help us collect all the evidence we need to present the strongest case.

What evidence will I need to make a claim against the NHS for negligence?

To support your claim, we will need to build the strongest case possible.

While discussing your claim with our specialist solicitors, we will ask for information you can provide to support your case.

Such information may include, but isn't limited to:

Medical records

We will build a comprehensive file including all records of treatment you received, including, where applicable, x-rays and scans. Such documents are vital in proving negligence.

Your Statement

The more information you can provide, the better we can advise you of your rights and build the most compelling case on your behalf. Typically, such information includes a timeline of your medical appointments, your experiences, and the impact the care you received has had.

Photographs

For claims where photographic evidence is helpful when proving when the injury occurred.

Don't worry if you don't have all of this information. Once instructed, our experienced solicitors can collect this information on your behalf.

We will combine this information with evidence from independent medical experts to build the most compelling case possible.

What do I need to prove to make an NHS negligence claim?

As stated on the NHS resolution website, a successful medical negligence claim will need to prove "If the treatment you received fell below a minimum standard of competence and you suffered an injury as a result and it is more likely than not that the injury could have been avoided or less severe with proper treatment.

To receive compensation, you will need to show both 'breach of duty of care' and 'causation' has taken place."

To do this, our medical negligence solicitors will examine several key areas relating to the care you received from the NHS.

Establishing if the duty of care has been breached

All healthcare professionals are legally required to provide their patients with a "reasonable" level of care. The first step is to establish if the level of care you received fell below the accepted standard.

NHS Resolution states that the level of duty of care is evaluated by the "Bolam principle" - a test to see if the actions of the "healthcare professional in question could be supported by a 'responsible body of clinical opinion'.

This test is not about what 'could have been done' – that other health professionals might have done something differently, but whether it 'should have been done' – would a 'responsible body' of health professionals support the action taken?

There is also a further test known as 'Bolitho'. This means the court should not accept a defence argument as being 'reasonable', 'respectable' or 'responsible' without first assessing whether such opinion is susceptible to logical analysis."

Causation - Directly linking the negligence to the injury or illness

Causation is the legal term used in a medical negligence claim that refers to the cause of an injury or illness.

There are two types of causation: legal causation and factual causation.

Legal causation is determined by the "but for" test. Would the injury or illness have occurred, on the balance of probabilities, if the negligent action of the NHS medical professional had not taken place?

Factual causation is the proof that the negligent action of the healthcare provider caused the injury or illness.

Can I make no win no fee NHS negligence claim?

Yes, our medical negligence solicitors provide our legal services on a no win no fee basis, which means you can claim with the peace of mind that you are at no financial risk if your claim is unsuccessful.

No win no fee agreements are also known as Conditional Fee Agreements (CFA). When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf. The policy protects you against any costs incurred relating to your claim. These costs could include legal fees, medical reports, court, and other expenses.

Our solicitors will explain how the policy works and what fee may be paid if your claim is successful.

What is the claim process when claiming against the NHS?

There are a number of stages to making a medical negligence claim against the NHS.

The process starts from our initial, free, no-obligation consultation, where we discuss the details of your case, including what mistakes you believe were made in the medical care you or your loved one received.

If you have legal grounds to claim, we will explain the grounds you may be able to claim, the steps involved and the various funding options. We will also send a letter of notification to the NHS Trust where the alleged negligence took place.

We will then start to build your case, including applying for medical records, taking witness statements and getting medical reports from independent medical experts.

Once we have all the evidence needed, we will present the case to the relevant other party. The other party then chooses to accept liability or dispute it.

If they accept liability, compensation is negotiated and agreed upon between both parties.

If they deny liability, further discussion of the case may be required. If a pre-trial agreement can not be reached, the claim may have to go before a judge in court in a small percentage of cases.

According to NHS Resolution, 81% of cases were settled outside of court in 2023/24.

How long do negligence claims against the NHS take?

The amount of time it takes for a medical negligence claim against the NHS to settle will depend on how complex the case may be.

Medical negligence claims typically take up 18 months or more to settle. For more straightforward claims where liability is accepted, claims may be settled earlier than this, but for more complicated claims, the time frame could be longer.

As each claim is unique, unfortunately, there is no simple answer. However, our specialist medical negligence solicitors can advise you on how long your claim may take once they start to understand the specifics of your claim.

How much will it cost the NHS if I make a negligence claim?

It is well known that NHS services are stretched, and for some, the idea of taking money out of the NHS budget is something that does not sit comfortably with them.

The NHS has a division known as NHS Resolution. This government organisation handles all medical negligence claims against the NHS. As part of their annual budgets, each NHS Trust pays a yearly premium to NHS Resolution for fair resolution of negligence claims.

According to NHS resolution, the total budget for the NHS was reported to be £180 billion, with £2.8 billion paid out in compensation in 2023/24 as part of £5.1 billion in estimated "cost of harm" expenses, totalling just under 3% of the total budget.

Can I make a medical negligence claim against the NHS on behalf of someone else?

Yes, you can claim against the NHS on behalf of someone else.

Such examples where you can claim someone else include:

Claiming on behalf of a child - Children cannot legally claim themselves until they reach 18. Commonly known as a "litigation friend," a parent or legal guardian can claim on their behalf. As a litigation friend, the person has a legal duty to act in the best interests of the person for whom they are claiming.
Claiming on behalf of someone with diminished mental capacity. - If the person who has been a victim of medical negligence may not have the mental capacity to claim themselves, a legally designated person may be able to claim on their behalf.

Will I still be able to access NHS healthcare if I sue the NHS for negligence?

Yes, your right to access healthcare services from the NHS remains the same during and after your claim.

Additionally, your level of care should remain the same, and it is unlawful for any healthcare professional or organisation to treat you differently or to refuse treatment.

Why choose Wolferstans to make your claim?

Our team of dedicated, specialist medical negligence solicitors have decades of experience helping clients to claim compensation under even the most challenging circumstances.

With a proven track record of successful claims, often achieved without needing you to attend court, we can make claiming medical negligence compensation as simple and effective as possible.

Wolferstans is Lexcel accredited, reflecting the excellence of our practice management and client care. We are also accredited by the Law Society for Clinical Negligence in recognition of the particular strength of our work in this area.

Our team includes members of a wide range of organisations related to their specific expertise in the area of medical negligence, including:

Headway – the brain injury association
The Spinal Injuries Association
The Brain Injury Group
APIL (Association of Personal Injury Lawyers)
AvMA (Association Against Medical Accidents)
Specific team members have been accredited by the Law Society, AvMA, and APIL as Clinical Negligence Specialists and by APIL as Brain Injury Specialists.

More information on claiming for medical negligence with Wolferstans

What to expect during your free consultation
List of all medical negligene claims we can help you claim for
How to make a medical negligence claim
Funding options for medical negligence claims
More information on claiming on behalf of someone else
See how we've helped others in your position
Our accreditations
Helpful leaflets to download