Can you sue the NHS for waiting times?

You cannot sue the NHS simply because you have been on a long waiting list. You may be able to make a claim if a delay in diagnosis or treatment was unreasonable and caused you harm that you would have avoided with timely care. At the end of August 2026, NHS England reported 7.4 million treatment pathways waiting to start in England, and only 65.2% had been waiting 18 weeks or less, against a standard of 92%. If your health has got worse because of a delay, our medical negligence solicitors may be able to help.

What is the impact of NHS waiting lists?

NHS England’s figures for August 2026 show 7.4 million treatment pathways waiting to start, which is around 6.2 million patients because some patients are on more than one pathway. Of those pathways, 113,339 had been waiting more than 52 weeks, and the median wait was 12.2 weeks. The longer a serious condition goes undiagnosed or untreated, the more likely it is that harm will follow.

• 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.
• Children missing school – Many children are on the waiting list too, 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.

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?

A long wait is not, on its own, negligence. To claim, you generally need to show three things:

• the care you received, or the delay in it, fell below the standard a reasonably competent clinician or service should provide;
• the delay (not just your underlying condition) caused you harm; and
• you would have been better off if you had been diagnosed or treated sooner.

The NHS Constitution gives you a right to start consultant-led treatment within 18 weeks, and a maximum of two weeks to see a specialist if cancer is suspected. Missing these standards does not by itself give you a right to compensation, but evidence that you waited far longer than a clinician would consider safe can support a claim where the delay caused harm.
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.

What do the NHS waiting time standards say?

The NHS Constitution sets a standard that 92% of patients should start consultant-led treatment within 18 weeks. At the end of August 2026, 65.2% of patients had been waiting 18 weeks or less. The BMA reports that NHS England’s planning guidance set an interim target of 65% by March 2026 and 70% by March 2027. Patients with suspected cancer should be seen by a specialist within two weeks of an urgent GP referral.

How can we help?

If your health has got worse because of a delay in diagnosis or treatment, our medical negligence solicitors can tell you whether you may have a claim. If you want to complain first, read our guide to the NHS complaints procedure. Delays in diagnosing cancer may also give rise to a delayed diagnosis claim.

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• Call us on 020 7485 8811