NHS Negligence Claims

The NHS provides medical care to millions of people across the UK, and while most patients receive the high-quality care that they expect, errors do occur. When treatment falls below an acceptable standard and causes harm, people have the right to seek NHS negligence compensation. If you have experienced negligent treatment at an NHS hospital, GP surgery or another NHS setting, you may be able to make an NHS negligence claim.

JMW’s NHS negligence solicitors have extensive experience handling successful medical negligence claims, helping people secure the compensation they deserve. Our legal team understands the impact of medical negligence NHS cases and will guide you through the claim process with expertise and sensitivity.

If you believe you have a case, our specialist medical negligence solicitors can provide clear advice on your options. Contact us on 0345 872 6666, or fill in our online contact form to request a call back at your convenience.

How JMW Can Help

JMW’s NHS negligence solicitors specialise in representing people who have received substandard treatment from NHS healthcare providers. Our legal team has successfully handled a wide range of NHS medical negligence cases, from surgical errors to misdiagnosis and delayed treatment.

We understand that making a medical negligence claim might feel overwhelming, but our team is here to provide expert guidance throughout the claim process. We have members of the Law Society’s specialist panel of clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel, and we are recognised for our expertise in medical negligence claims. Our team is headed by Eddie Jones, one of the industry's most respected medical negligence solicitors, and we have been ranked as one of the UK's Best Law Firms by the Times.

When you choose JMW, you can expect:

• Expert legal representation from specialist medical negligence solicitors
• A clear explanation of your NHS negligence claim and your rights
• A no win, no fee arrangement in eligible cases, so you can pursue a compensation claim without financial risk
• Access to medical professionals who can provide clinical opinions to support your case

If you have suffered negligent care and are considering claiming NHS compensation, our team is here to help. Get in touch today for a free, no-obligation consultation.

Meet Our Team

JMW’s team offers expert advice and support for individuals pursuing NHS negligence claims, helping you navigate the legal process and secure the compensation you deserve.

When Can I Make an NHS Negligence Claim?

You may be able to make a claim against the NHS if you have suffered harm due to substandard treatment by an NHS healthcare provider. NHS negligence claims can arise when a medical professional fails to provide an acceptable level of care, leading to injury, worsening of a condition, or avoidable complications.

Common reasons for NHS medical negligence claims include:

• Misdiagnosis or delayed diagnosis: Where a condition is diagnosed too late or incorrectly, leading to unnecessary suffering or progression of illness.
• Surgical errors: Including mistakes such as wrong site surgery, retained surgical instruments, or unnecessary procedures.
• Medication errors: When a person is given the wrong drug or dosage, causing avoidable harm.
• Birth injuries: Including negligent care during pregnancy, labour or delivery, leading to injuries for the mother or baby.
• Negligent medical advice: Where a doctor provides incorrect or misleading guidance that results in harm.
• Failure to refer for further treatment: When a delay in specialist care leads to a worsening condition.

Time limits for NHS negligence claims

People looking to make an NHS negligence claim must begin the claim process within a specific timeframe. In most cases, the time limit is three years from the date the negligence occurred or when the effects of the negligence became apparent.

There are exceptions to this rule, including:

• Children: If the person affected was under 18 at the time, the three-year time limit starts from their 18th birthday.
• People lacking mental capacity: No time limit applies while the person is deemed unable to make legal decisions for themselves.
• Fatal claims: If a person dies as a result of NHS medical negligence, the three-year limit starts from the date of death or the date the negligence was discovered.

If you are unsure whether you have a case, our specialist medical negligence solicitors can assess your case and advise on your next steps.

What Is the Process for Making a Claim Against the NHS?

The claim process for NHS negligence compensation involves gathering evidence, notifying the claim and eventually negotiating a settlement. If a resolution cannot be reached, court proceedings may be necessary.

Our NHS negligence solicitors guide you through each step to build a strong case:

• Free initial consultation: We begin with a consultation to assess whether you have grounds for an NHS negligence claim and explain your legal options.
• Gathering evidence: Key evidence includes medical records, an independent clinical opinion, and proof of financial losses, such as lost earnings and out-of-pocket expenses.
• Notifying NHS Resolution or the private healthcare provider involved: A Letter of Claim is sent to NHS Resolution, or the private healthcare provider concerned if applicable, detailing the negligent treatment and its impact on your health. The organisation may admit or deny liability.
• Negotiation and settlement: Most successful NHS medical negligence cases are resolved through negotiation. If the NHS accepts responsibility, we work to secure a fair compensation payout.
• Court proceedings (if necessary): If a settlement cannot be reached, our medical negligence claims team will represent you in court proceedings, where a judge determines the compensation from the NHS you should receive. This scenario is very rare, as the vast majority of medical negligence cases settle out of court.

Every case is different, and the timeframe varies based on complexity and whether the NHS admits liability. For a detailed breakdown of the process, visit our full guide on how to claim against the NHS.

Who Is Responsible for Covering the Cost of NHS Negligence Payouts?

When a person successfully claims NHS negligence compensation, the payment is made by NHS Resolution - the organisation responsible for handling NHS negligence payouts on behalf of NHS trusts. This ensures that individual hospitals or medical professionals are not personally liable for compensation costs.

Funded by the NHS budget, NHS Resolution manages claims made against NHS hospitals, GP practices, and other NHS services. It investigates cases, negotiates settlements, and, where necessary, defends court proceedings. The goal is to compensate those affected while supporting improvements in patient safety. According to data from NHS Resolution, a total of £2.8 billion was spent on settling clinical negligence claims in 2023-24.

Some people worry that making a claim against the NHS could take funding away from patient care. However, NHS medical negligence compensation is part of the NHS’s legal and financial framework, ensuring that those harmed by negligent treatment receive fair compensation without directly affecting frontline services. Holding the NHS accountable for substandard treatment can also drive improvements in patient care and safety.

What Information Will I Need to Start a Medical Negligence NHS Claim?

To begin an NHS negligence claim, you will need to provide key details about your treatment and the impact of the negligent care you received. Our NHS negligence solicitors will help gather the necessary evidence to build a strong case.

• Medical records: Documents detailing your treatment, test results, and any correspondence with NHS healthcare providers.
• A timeline of events: Dates of treatment, symptoms, and any worsening of your condition.
• Details of the negligent treatment you received: Information about what went wrong and how it affected your health.
• An independent clinical opinion: A report from a medical professional assessing whether the care you received fell below an acceptable standard.
• Evidence of financial losses: Proof of out-of-pocket expenses, such as lost earnings, travel costs, or additional care needs.
• Evidence of psychological harm: If the negligence caused emotional distress, statements from mental health professionals or personal accounts may be required.

If you are unsure what documents you need, our specialist medical negligence solicitors can advise you. We will gather the necessary evidence and handle all legal aspects of your compensation claim.