NHS Negligence Claims

Our medical negligence solicitors act for clients across England and Wales in claims against the NHS and private healthcare providers. The team is ranked in Chambers UK and Legal 500, and our solicitors are members of the AvMA (Action Against Medical Accidents) Clinical Negligence Panel and the Law Society Clinical Negligence Panel.

Making a claim against the NHS is not something most people plan for. You may have trusted a doctor or hospital with your care — or your child’s — and something went wrong. You may be dealing with the lasting effects of that mistake while also trying to understand what happened and why.

We help people in exactly this position. We can review your case, advise you honestly on whether you have a valid NHS negligence claim, and handle the process on your behalf so that you can focus on your recovery.

Most NHS negligence claims settle without going to court. NHS Resolution — the body that handles claims on behalf of NHS trusts — resolves the majority of claims through negotiation. Having an experienced solicitor representing you makes a significant difference to the outcome.

Can you claim against the NHS for negligence?

You can make an NHS negligence claim if:

• You received care from an NHS doctor, nurse, hospital or other NHS professional
• That care fell below the standard you should reasonably have expected — known as a breach of duty
• You suffered harm as a direct result of that substandard care

The second and third points — known together as breach of duty and causation — are where claims succeed or fail. It is not enough that something went wrong; the negligence must have caused the harm. This can be complex to establish, which is why specialist legal advice matters from the outset.

If you are unsure whether your experience amounts to a valid claim, call us for a free initial consultation. We will give you an honest assessment, with no obligation to proceed.

Types of NHS negligence claim we handle

We act in a wide range of NHS negligence claims, including:

• Surgical negligence — errors during surgery, anaesthesia mistakes, wrong-site surgery or post-operative complications caused by poor care
• Delayed or missed diagnosis — including delayed cancer diagnosis, delayed diagnosis of stroke, meningitis or sepsis, and GP negligence where a condition was missed at an earlier stage
• Birth injuries — including cerebral palsy, Erb’s palsy, hypoxic brain injury and other injuries caused by poor care during labour and delivery
• Cauda equina syndrome — delayed diagnosis of cauda equina syndrome is one of the most common serious negligence claims against the NHS
• Medication errors — wrong medication, incorrect dosage, failure to account for known contraindications
• Hospital-acquired infections — including MRSA and sepsis claims resulting from inadequate infection control
• Mental health care negligence — including failures in inpatient care, inadequate risk assessments and inadequate community care
• Fatal NHS negligence — where substandard care has led to the death of a patient, their family may be entitled to bring a claim. We handle these fatal medical negligence claims with particular care and sensitivity.

If your situation is not listed here, speak to us. The types of NHS negligence claim are broad, and many cases that initially seem uncertain turn out to be valid.

What counts as hospital negligence?

Hospital negligence is a subset of NHS negligence, covering any situation where a hospital and its staff have failed to provide the standard of care a patient should reasonably have received, causing harm as a result.

This includes negligence in A&E departments, surgical wards, maternity units, intensive care, outpatient clinics and any other hospital setting. It covers the actions of consultants, nurses, midwives, radiographers and any other member of hospital staff.

Common examples include failures to act on test results, inadequate monitoring of a patient’s condition, discharge decisions made too early, and errors in reading imaging such as X-rays or MRI scans.

Hospital negligence claims are typically handled through NHS Resolution, which manages claims against NHS trusts. The process is the same as for other NHS negligence claims — you do not need to take a separate route because the negligence happened in a hospital rather than a GP surgery.

How to make an NHS negligence claim

1. Call us for a free consultation. We will listen to what happened, ask questions, and give you an honest assessment of whether your experience is likely to amount to a valid claim.
2. We gather your medical records. These form the foundation of your claim. We will request them on your behalf and review them with a specialist medical expert.
3. We instruct a medical expert. An independent expert in the relevant field will provide a report on whether the standard of care you received was reasonable and whether it caused the harm you suffered.
4. We send a Letter of Claim. Once we have a solid case, we send a formal Letter of Claim to NHS Resolution. The NHS then has four months to respond.
5. Negotiation and settlement. In most cases, a settlement is resolved through negotiation without court proceedings. If NHS Resolution denies liability, we will advise you on next steps — including court if necessary, though this is uncommon.

The full process typically takes between one and three years, depending on the complexity of the case and how quickly NHS Resolution responds. We will keep you informed throughout.

How much compensation can you claim against the NHS?

There is no fixed compensation amount for NHS negligence. The figure depends on the specific harm you have suffered and the financial losses it has caused you.

Compensation is made up of two parts:

General damages cover the pain, suffering and loss of quality of life caused by the negligence. The Judicial College publishes guidelines with compensation ranges by injury type. For example, severe brain injury cases can exceed £400,000, while claims involving moderate physical injuries typically range from £12,000 to £80,000.

Special damages cover financial losses caused by the negligence, including:

• Loss of earnings and future earnings
• Private medical treatment or ongoing care costs
• Travel expenses related to treatment
• Home adaptations or specialist equipment
• Care provided by family members

In serious cases, we can apply for interim payments — advance payments of compensation before the claim is formally resolved — to help cover urgent care costs or financial pressures while the claim is ongoing.

For more detail on payout amounts, see our NHS compensation payouts guide.

No win no fee NHS negligence claims

Most NHS negligence claims are handled on a no win no fee basis, also known as a Conditional Fee Agreement. This means:

• You pay nothing upfront to start your claim
• If your claim is unsuccessful, you do not pay our fees
• If your claim is successful, our fees are recovered from the defendant or deducted from your compensation — this is agreed with you clearly before we start

No win no fee funding means that access to a specialist solicitor is not dependent on your financial position. We represent clients across a wide range of circumstances, from straightforward GP negligence claims to complex multi-million-pound cases.

How long do you have to claim against the NHS?

In most cases, you have three years from the date of the negligent treatment — or from the date you first knew (or should have known) that negligence had caused your harm — to start a claim.

There are some important exceptions:

• Children: The three-year clock does not begin until a child’s 18th birthday, meaning they have until they turn 21 to bring a children’s medical negligence claim.
• Adults who lack mental capacity: The time limit does not apply while the person lacks capacity.
• Fatal claims: The three-year limit runs from the date of death, or the date the family became aware that negligence caused the death.

These rules are strictly applied by the courts. If you are approaching or past the three-year point, contact us as soon as possible.

NHS complaints versus NHS negligence claims

Making a formal complaint to the NHS and making a legal negligence claim are two separate processes.

An NHS complaint is a way of raising concerns about your care and requesting that the NHS investigate. You can contact the relevant NHS trust directly or go through PALS (Patient Advice and Liaison Service). If you are not satisfied with the response, you can escalate to the Parliamentary and Health Service Ombudsman.

An NHS complaint does not lead to compensation. It can result in an apology, an explanation of what happened, or an assurance that procedures have been changed. For some people, this is what they want.

A negligence claim is a legal process that can result in financial compensation. The two are not mutually exclusive — you can make a complaint and a claim, and in some cases the trust’s response to a complaint can provide useful evidence.

If you are thinking about making a claim, you should speak to a solicitor before completing an NHS complaint, as some of the statements you make may be used in later proceedings.

Why choose Osbornes Law for your NHS negligence claim?

Our medical negligence team is ranked in Chambers UK and Legal 500, and our solicitors hold memberships of both the AvMA Clinical Negligence Panel and the Law Society Clinical Negligence Panel. These accreditations require solicitors to demonstrate a high level of specialist expertise — they are not automatically awarded.

We have acted in NHS negligence claims involving brain injuries, birth injuries, delayed cancer diagnoses, surgical errors and fatal claims, and have secured multi-million-pound settlements on behalf of clients and their families.

We are also founding members of the Birth Trauma Association and work closely with charities including Headway and the Spinal Injuries Association to ensure clients have access to specialist support alongside their legal claim.

We offer a free initial consultation and act on a no win no fee basis in the majority of cases.

Speak to an NHS negligence solicitor

To discuss your situation with a specialist, call us on 020 7485 8811 or fill in the contact form below. We offer a free initial consultation and will give you an honest assessment of your position with no obligation to proceed.

Frequently asked questions

Can I make an NHS negligence claim? You can make a claim if you received NHS care that fell below a reasonable standard and suffered harm as a direct result. The best way to find out is to speak to one of our solicitors, who can assess your situation in a free initial consultation.

How long does an NHS negligence claim take? Most claims take between one and three years to resolve. Straightforward cases can settle sooner; complex claims involving serious injuries or disputed liability take longer. We will give you a realistic indication of timescales once we have reviewed your case.

Will my NHS negligence claim go to court? Most NHS negligence claims are resolved through negotiation with NHS Resolution without going to court. NHS Resolution settles the vast majority of claims before proceedings are issued. Court is a last resort, and we will always advise you on the risks and merits before proceedings are considered.

Does making a claim affect NHS funding? No. Compensation is paid by NHS Resolution, which operates separately from NHS budgets. NHS trusts pay into NHS Resolution as a form of insurance — money paid in successful claims does not come from clinical budgets.

What is the time limit for NHS negligence claims? You generally have three years from the date of negligent treatment, or from the date you became aware that negligence caused your harm. Different rules apply for children and adults who lack mental capacity. Contact us if you are concerned about time limits.

What is the difference between a complaint and a negligence claim? An NHS complaint is a way of raising concerns and seeking an explanation or apology. It does not result in compensation. A negligence claim is a legal process that can lead to financial compensation. The two can be pursued alongside each other in some cases.

Can I claim for hospital negligence specifically? Yes. Hospital negligence claims follow the same process as other NHS negligence claims and are handled through NHS Resolution. We act in claims arising from negligence in A&E, surgery, maternity, outpatient care and all other hospital settings.

How much compensation will I receive? This depends on the harm you suffered and the financial impact it has had on your life. There is no fixed amount. Our NHS compensation payouts guide provides more detail on how compensation is calculated and typical ranges by injury type.

Can I claim on behalf of someone who has died? Yes. If NHS negligence caused or contributed to someone’s death, their family or personal representative may be able to bring a fatal negligence claim. These claims can include compensation for loss of financial dependency, bereavement damages and funeral expenses. In some fatal cases, an inquest may also be relevant to establishing what happened.

What if I had private treatment on the NHS? If you received NHS-funded treatment — including through a private provider contracted by the NHS — NHS Resolution typically handles the claim. If you received privately-funded treatment that was entirely separate from the NHS, the claim would be against the private provider directly. We act in both.