Your rights: Suing the NHS for medical negligence

What if your life changed forever because of a missed diagnosis? a missed fracture, a delayed cancer diagnosis, a birth injury that wasn’t inevitable, these sit within a system that handled 14,428 new clinical negligence claims and reported incidents in 2024/25, with £3.1 billion paid in compensation and associated costs across NHS schemes, including £1.3 billion related to maternity care. For many of you asking, “Can I sue the NHS for medical negligence?”, these figures highlight both the scale of claims and the routes available for fair resolution.

Most claims never reach a courtroom: a record 83% were resolved without formal court processes in 2024/25, helping patients secure answers and support without adversarial proceedings. Concern about treatment backlash is understandable, but NHS providers are bound by the statutory duty of candour and must continue safe, non-discriminatory care while concerns are investigated or claims proceed, with national reviews focused on strengthening transparency and compliance.

For context, the NHS received 13,784 new claims in 2023/24 and paid £2.82 billion that year; trends remain broadly stable, and thousands of cases are resolved through negotiation and mediation every year, not trial. Claim Time Solicitors navigates this reality with evidence‑led investigations, early expert input, and patient‑first communication so ongoing care is protected while pursuing accountability and fair compensation

What’s in this Blog

• Understanding medical negligence & will a claim affect my NHS care?
• Contributory negligence and shared fault, & What happens if you’re partly at fault
• When work and care overlap & Client’s story
• Your action plan & What claim time solicitors do differently
• Compensation breakdown
• The claims process in brief, & let’s explore your options
• FAQs

Understanding medical negligence

Medical negligence isn’t just a mistake; it’s when a trusted professional falls so far below the standard of care that harm becomes inevitable. It’s the broken bone missed on an X-ray, the infection left untreated, or the surgery that should never have happened. The test is simple but brutal: if another competent doctor had acted differently, and that difference could have spared the patient injury, pain, or financial loss, then negligence has occurred. It’s not about outcomes alone; medicine is never risk-free. It’s about a failure so undeniable that the line between human error and professional misconduct becomes impossible to ignore.

Will a claim affect my NHS care?

In short, it shouldn’t. NHS patients are entitled to safe, non‑discriminatory care regardless of complaints or legal claims. Care teams are expected to treat patients impartially, and trusts have duty‑of‑candour obligations and complaints processes separate from litigation. In practice, patients often continue treatment within the same trust while their solicitor deals directly with NHS Resolution or the trust’s legal team.

Contributory negligence and shared fault

Shared responsibility can reduce compensation, but doesn’t necessarily end a claim. Contributory negligence means the injured person’s own actions contributed to the harm, for example, not following clear post‑op advice or delaying attendance after urgent safety‑netting. Any agreed percentage of personal fault reduces damages by the same percentage. It’s about proportionality, not punishment.

What happens if you’re partly at fault

• Liability can be split: for instance, 75% NHS fault and 25% patient contribution.
• The claim still proceeds; only the compensation is adjusted by the contribution percentage.
• Good evidence and expert opinion can narrow or eliminate alleged contribution.

Where Shared Fault Is Common

• Missed follow‑up: clinic provides safety‑netting advice, but appointments are missed.
• Medication harm: prescribing or monitoring errors combined with non‑adherence.
• Discharge and safety‑netting: inadequate discharge plus delayed return after red‑flag symptoms.
• Self‑management conditions: unclear instructions from clinicians and imperfect patient compliance.

When work and care overlap

The Health and Safety at Work Act 1974 sets employer duties in workplace safety, but in a clinical negligence claim the relevant duties focus on healthcare standards, consent, and competent practice. If an injury overlaps with work (e.g., occupational disease mismanaged by a GP and unsafe workplace exposure), there can be dual pathways: a clinical claim against the NHS and a personal injury claim against the employer. Claim Time Solicitors coordinates both to prevent gaps in recovery and double‑counting.

Client’s story

Eleanor, 42, reported red‑flag neurological symptoms to urgent care. She was discharged without imaging and told to return if symptoms worsened. They did, but she waited two days, fearing she’d “waste NHS time.” Later imaging confirmed a treatable condition that had progressed. Experts agreed earlier imaging would likely have avoided permanent deficits (primary negligence). The trust argued 20% contributory negligence for the delay. Through evidence on risk communication and the clarity of discharge advice, Claim Time reduced the proposed contribution to 5%, recovered substantial rehabilitation costs, future earnings loss, and secured an apology and learning action plan from the trust.

Your action plan

• Seek medical attention promptly: get safe and stabilised; ask for explanations and a clear plan.
• Write a timeline: dates, symptoms, who said what, copies of letters or test results.
• Request records: GP and hospital records, discharge notes, imaging, pathology, and call logs.
• Capture losses: time off work, care provided by family, travel, private rehab costs, adaptations.
• Preserve evidence: medication boxes, appointment letters, screenshots of portals.
• Make a complaint (optional but useful): obtain an account and any internal findings.
• Speak to Claim Time Solicitors early: assess limitation, funding, experts, and immediate rehab needs.

What Claim Time Solicitors does differently

• Early expert triage: fast screening by independent clinicians to identify breach and causation pathways.
• Evidence‑first strategy: targeted records, imaging, and specialist opinions to strengthen liability and value.
• Contributory risk control: address alleged patient contribution with communication‑quality analysis and safety‑netting audits.
• Rehab and interim payments: pursue early support and interim funds where liability is admitted.
• Dual‑track claims: coordinate workplace, road traffic, or public liability overlaps to maximise net recovery.
• Clear funding: transparent no win no fee, insurance checks, and cost‑risk explanations before issuing.

Compensation breakdown

• General damages: pain, suffering, and loss of amenity reflecting injury severity and prognosis.
• Past financial losses: lost earnings, care provided by relatives, treatment and travel costs.
• Future losses: reduced earning capacity, care and case management, therapies, equipment, housing adaptations.
• Miscellaneous: education support for children injured at birth, aids and technology, transport needs.
• Interest and interim payments: where appropriate, part‑payments during the claim to fund recovery.

The claims process in brief

• Limitation: typically three years from the negligence or date of knowledge; different rules apply for children and those lacking capacity.
• Pre‑action protocol: letter of notification, obtain records, independent expert reports, letter of claim.
• NHS response: usually up to four months to investigate and admit or deny liability.
• Negotiation and settlement: many cases resolve without trial once evidence is exchanged.
• Court proceedings: issued if liability is denied or valuation is disputed; still often settle before trial.

let’s explore your options

A claim is not a threat to care; it’s a route to answers, financial support, and safer services. Claim Time Solicitors blends medical insight with legal precision to build strong, respectful cases, protect relationships with local teams, and fund recovery through no win no fee where appropriate. Ready to talk confidentially about what happened and what’s possible? Contact Claim Time Solicitors for a free, friendly consultation today.

FAQs