The NHS is a vital part of life in the UK; all of us rely on NHS staff like doctors, nurses and other healthcare professionals who work tirelessly to deliver high-quality medical care. However, as with any organisation, mistakes can happen, and these errors can sometimes lead to devastating consequences. If you or a loved one have suffered due to negligent treatment by the NHS, you may be entitled to make a claim.

Making a claim against the NHS is not about criticising the service as a whole, but about holding healthcare providers accountable for substandard treatment. A successful medical negligence claim can provide you with the compensation you need to move forward, while also playing a role in improving NHS standards and ensuring similar mistakes do not happen to others. Claiming against the NHS can feel like a daunting process, but with the right legal support, it is manageable and can help you achieve justice.

In this guide, the specialist medical negligence solicitors at JMW explain everything you need to know about how to claim against the NHS, including the steps involved, what to expect from the claims process, and how to get expert legal support. Whether you’ve experienced negligent care, a surgical error, or misdiagnosis, understanding your rights and the claims process is the first step to moving forward.

What Is a Claim Against the NHS?

A claim against the NHS arises when a patient has experienced negligent treatment (medical negligence) while under the care of NHS healthcare providers. For care to be negligent, the standard provided by a healthcare professional or NHS organisation must fall below what is reasonably expected, resulting in harm, injury, or worsening of a condition. It is your legal right to pursue compensation if you’ve suffered due to such negligence.

NHS negligence can take many forms, and every case is unique. Some common examples of negligent treatment include:

• Misdiagnosis or delayed diagnosis: A condition is missed or misdiagnosed, leading to delayed or incorrect treatment that worsens the patient’s health.
• Surgical errors: Incidents such as wrong site surgery, leaving surgical instruments inside the body, or performing unnecessary procedures.
• Medication errors: Prescribing the wrong dosage or the wrong medication, resulting in serious side effects or harm.
• Inadequate aftercare: Failing to provide appropriate care or follow-up treatment, leading to complications or prolonged suffering.
• Negligent maternity care: Errors during pregnancy, labour, or delivery that harm the mother or baby, such as failing to act on signs that a baby is in distress.
• Negligent mental health care: Failures in the care provided by mental health professionals, leading to physical harm or death.

By making an NHS negligence claim, you can hold the organisation accountable for its failings and secure compensation for the pain and suffering you’ve endured. However, it is important to note that just because you have been unhappy with the outcome of NHS treatment, this does not necessarily mean that medical negligence has occurred.

To make a successful medical negligence claim, it is necessary to prove the healthcare organisation was at fault by demonstrating the following:

• That the care provided fell below acceptable medical standards - this is known as proving a breach of duty
• That the breach directly caused physical injury, or a worsening of your condition

By making an NHS medical negligence compensation claim, you may be able to access financial support to aid your recovery. While financial compensation can never undo the harm caused by negligence, it can help ease the burden of medical costs, loss of earnings, or rehabilitation expenses.

What Are the Steps to Take Before Claiming NHS Compensation?

If you believe you’ve suffered due to NHS negligence, it’s essential to take the right steps to build a strong case. Proper preparation can make a significant difference in the success of your claim. Below, we outline the key actions you should take before formally beginning the claims process.

Gather evidence

Evidence is critical to proving that the care you received fell below acceptable standards and caused you harm. Key pieces of evidence to collect include:

• Medical records: These detail your diagnosis, treatment, and the actions taken by healthcare professionals.
• Correspondence: Keep copies of any letters, emails or communications with the NHS, including appointment notes or complaints.
• Photographic evidence: If your injury is visible, take clear photographs to document the extent of the harm.
• Personal notes: Keep a diary of how the negligent care has affected your daily life, including pain, emotional distress or financial hardship.

Having a well-documented account of your case strengthens your solicitor’s ability to prove negligence and secure compensation.

Seek expert advice

The NHS negligence claims process can feel overwhelming, but seeking advice from a specialist medical negligence solicitor ensures you receive the guidance and expertise needed. Solicitors with experience in NHS compensation claims can:

• Assess the strength of your case and its likelihood of success.
• Help you navigate the claims process from start to finish.
• Secure independent medical expert opinions to support your claim.

At JMW, our team of solicitors specialises in medical negligence claims, ensuring you are in safe hands throughout the process.

Consider the time limits

There is a strict time limit for bringing a medical negligence claim. Typically, you have three years from the date of the negligent treatment or the date you realised it caused you harm. There are, however, exceptions:

• Children: If the patient is under 18, the three-year limit starts from their 18th birthday, giving them until they turn 21 to claim.
• Mental capacity: If the individual lacks mental capacity, the time limit is paused until they regain capacity.

Understanding these time limits is crucial to making a valid claim. Your solicitor can explain how the rules apply to your specific case.

What Is the NHS Compensation Claims Process?

Making a claim against the NHS for medical negligence may seem complex, but understanding the steps involved can help you feel more confident. With the right legal support, the process is manageable and designed to secure the compensation you deserve. Below is an overview of the typical stages involved in NHS negligence claims.

1. Initial consultation

The first step is to speak to a specialist medical negligence solicitor. During this consultation:

• You’ll discuss the details of your experience, including the care you received and the harm caused.
• Your solicitor will assess the strength of your case and advise you on whether they can begin investigating.  
• We’ll help you understand your legal options, with no obligation to proceed if you’re not ready.

At JMW, we offer a free initial consultation to help you determine if making a claim is the right step for you.

2. Investigating the claim

If your case is able  to proceed, your solicitor will begin a thorough investigation. This involves:

• Obtaining and reviewing medical records: Your solicitor will look over all of the relevant records to identify evidence of negligent treatment.
• Seeking expert opinions: Independent medical experts will assess whether the care provided fell below acceptable standards and if this caused you to experience harm.
• Building your case: Using the evidence gathered, your solicitor will create a detailed argument to demonstrate how the negligence impacted your life.

This stage is instrumental for proving liability and determining the compensation you may be entitled to.

3. Pre-action protocol

Once your solicitor has gathered sufficient evidence, they will follow the pre-action protocol for clinical negligence claims. This is a formal process that involves sending a Letter of Claim to the NHS Trust responsible for your care. This letter outlines the allegations of negligence and the harm caused.

The NHS Trust will have four months to investigate and respond. They may:

• Admit liability, which can lead to early negotiations for compensation.
• Deny liability, in which case further evidence may need to be presented.

This stage aims to resolve the claim without the need for court proceedings.

4. Negotiation and settlement

In most cases, successful NHS claims are settled out of court through negotiation. If the NHS Trust admits liability or agrees to a settlement amount, you’ll receive compensation without needing to go to trial. Your solicitor will work to secure the maximum compensation possible, which should cover:

• Physical injury or illness caused by negligence.
• Emotional distress or psychological harm.
• Financial losses, including lost earnings, medical costs, and rehabilitation expenses.

5. Court proceedings (if necessary)

If an agreement cannot be reached through negotiation, your case may proceed to court. This involves:

• Your solicitor presenting the evidence before a judge in the relevant court, such as the County Court or High Court.
• Witness statements from you, and others may be used to support your claim.
• Expert reports from independent experts.
• The court will make a final decision on whether the NHS is liable and determine the compensation you should receive.

While going to court can seem daunting, most NHS negligence claims are resolved before this stage. Your solicitor will guide you through the process and represent you throughout.

How long does the claims process take?

The time required to resolve an NHS compensation claim varies depending on the complexity of the case. Straightforward claims where liability is admitted early can take around 12–18 months. However, more complex claims involving disputes or serious injuries may take several years. Your solicitor will keep you updated every step of the way.

Consult our guide to the medical negligence claims process for more detailed information on what to expect when you choose to claim compensation for NHS negligence.

FAQs and Misconceptions About NHS Negligence Claims

When considering a claim against the NHS, it’s natural to have concerns about the potential consequences. Many people worry about how their claim might affect the NHS, their current care, or the healthcare professionals involved. Here, we address some of the most common questions and misconceptions to reassure you that making a claim is your legal right and can have a positive impact.

Will my claim have a negative impact on the NHS overall?

Making a claim against the NHS will not have any negative impact on NHS budgets, or the delivery of frontline care. NHS negligence claims are handled by NHS Resolution, a body specifically established to manage clinical negligence claims. Compensation payouts come from a dedicated budget for claims set up by NHS Resolution, so your case will not reduce funding for other NHS services or affect the care provided to other patients.

Will making a claim affect the quality of care that I am receiving?

Making a claim will not impact the care you currently receive from the NHS. The organisation has strict policies in place to ensure patients are treated equally, regardless of whether they have submitted a complaint or claim. Your right to receive high-quality NHS care is protected, and staff are trained to act professionally and provide the best possible treatment.

If you are concerned about ongoing treatment with the same healthcare provider, you can request to be treated by a different professional or department. Your solicitor can also provide advice and support if you feel worried about this aspect of your claim.

Will the medical professional who treated me lose their job as a result of my claim?

It’s unlikely that an individual healthcare professional will lose their job as a direct result of your claim. NHS negligence claims are not focused on punishing individuals, but rather on holding the organisation accountable for failures in care. In many cases, negligent treatment occurs due to systemic issues within the NHS, such as understaffing, lack of resources, or miscommunication.

However, if a healthcare professional is found to have acted recklessly or in breach of their professional standards, the General Medical Council or other relevant regulatory bodies may conduct an investigation. This is separate from your legal claim and is intended to ensure patient safety. It’s worth noting that such investigations are rare and are only pursued in extreme cases of misconduct.

Will my claim have a positive impact?

By making a claim, you are not only seeking justice for the harm you’ve suffered, but also helping to improve the standard of care for other patients. Successful claims encourage NHS organisations to review their practices, identify areas of improvement and hold themselves accountable for mistakes. This offers an opportunity for lessons to be learned, which can lead to better safety measures, improved policies, and enhanced patient care across the organisation.

Additionally, compensation awarded through your claim can provide essential financial support, helping you to:

• Access private treatment or rehabilitation for your injuries.
• Cover lost earnings and other financial losses.
• Secure a better quality of life after suffering negligent care.

Your decision to make a claim sends a clear message that accountability matters and that all patients deserve safe, high-quality healthcare, and makes it possible to implement changes to prevent similar incidents from happening again.

Find Out More

You can learn more about the process of how to claim against the NHS by visiting NHS Resolution's Advice for Claimants page. You can also take a look at our NHS Compensation Payouts Guide to find out more about how much compensation you could claim, and how this will be calculated.

If you have suffered due to negligent care from the NHS and are looking for personalised advice on what to do next, speak to JMW. Our expert solicitors specialise in medical negligence claims and have a proven track record of helping clients secure the compensation they deserve. Whether you’re uncertain about how to begin your claim, need advice on gathering evidence, or want to discuss the strength of your case, we can offer a free, no-obligation consultation to discuss your circumstances and provide clarity on your legal options. Our no-win, no-fee structure means there’s no financial risk to you, so you can feel confident about pursuing justice.