Can you sue the NHS?
Yes
claim against the Trust
New claims 2024/25
14,428
NHS Resolution data
Resolved without court
83%
record high, 2024/25
Upfront cost
£0
No Win No Fee basis
Written by
Azhar Ali
Personal Injury Solicitor at Claim Time Solicitors, Birmingham. Handling personal injury and child injury claims across England and Wales on a No Win No Fee basis.
This guide is reviewed against the Bolam and Bolitho legal tests, NHS Resolution 2024/25 annual report, Limitation Act 1980, and SRA standards. For general information only.
Yes, you can make an NHS medical negligence claim if you were harmed by treatment that fell below the standard you were entitled to expect. The claim is brought against the NHS Trust, not the individual clinician. NHS Resolution handles the defence on the Trust’s behalf, and compensation comes from the Clinical Negligence Scheme for Trusts. In 2024/25, NHS Resolution received 14,428 new claims and paid out £3.1 billion. A record 83% of claims were resolved without court proceedings. Most NHS medical negligence claims are handled on a No Win No Fee basis.
Making an NHS medical negligence claim feels like an enormous step. The NHS treated you, and now you are considering legal action against the institution that provides your healthcare. It is natural to feel conflicted about that. Many people worry that a claim will affect their future treatment, that it will take years, or that it is somehow disloyal to an organisation they value.
This guide addresses all of those concerns directly. It explains what counts as NHS medical negligence, how the legal test works, what compensation covers, whether your care will be affected, and how the process runs from start to finish. The NHS itself acknowledges that avoidable errors occur. NHS Resolution exists specifically to handle the resulting claims fairly and to learn from them.
Can I sue the NHS for medical negligence?
Yes. If an NHS healthcare professional provided treatment that fell below the standard expected of a reasonably competent practitioner in that field, and that substandard treatment caused you injury or made your existing condition worse, you have the right to make an NHS medical negligence claim.
The claim is not against the individual doctor, nurse, or surgeon. It is brought against the NHS Trust that employs them. The Trust is vicariously liable for the actions of its employees. NHS Resolution, an arm’s length body of the Department of Health and Social Care, handles the claim on the Trust’s behalf.
Compensation comes from the Clinical Negligence Scheme for Trusts (CNST), which is funded by contributions from all NHS Trusts. It does not come from patient care budgets, and it does not reduce funding for the hospital that treated you.
Three things must be established in any NHS medical negligence claim. The clinician owed you a duty of care (which they did, by treating you). They breached that duty by providing treatment that fell below the accepted standard. And that breach caused you harm that you would not otherwise have suffered. The legal standard for assessing that breach is the Bolam test.
What counts as NHS medical negligence?
Not every bad outcome is medical negligence. Medicine involves risk, and some treatments fail despite being delivered to a competent standard. An NHS medical negligence claim requires evidence that the treatment itself was below the standard a reasonable practitioner would have provided in the same circumstances.
- Misdiagnosis or delayed diagnosis that caused the condition to worsen or delayed effective treatment
- Surgical errors including wrong-site surgery, retained instruments, nerve damage, or unnecessary procedures
- Medication errors including wrong drug, wrong dose, failure to check for interactions, or prescribing a drug the patient is allergic to
- Failure to obtain informed consent before treatment, meaning the patient was not told about significant risks they would have wanted to know
- Birth injuries caused by poor monitoring, delayed delivery decisions, or failure to perform a timely caesarean section
- Failure to refer to a specialist when the presenting symptoms required it
- Inadequate follow-up after treatment, including failure to monitor recovery or detect complications
- A&E errors including premature discharge, missed fractures, undiagnosed internal injuries, and triage failures
The Bolam test: how medical negligence is assessed in the UK
The Bolam test asks whether the treatment was in accordance with a practice accepted as proper by a responsible body of medical practitioners skilled in that particular area. If a competent group of professionals would have acted the same way, the treatment is not negligent, even if other professionals would have acted differently.
The test was established in Bolam v Friern Hospital Management Committee [1957]. It means a doctor is not negligent simply because they chose one accepted treatment approach over another. What matters is whether a responsible body of medical opinion supports the approach that was taken.
The Bolitho refinement (Bolitho v City and Hackney Health Authority [1998]) added an important qualification: the court is not bound to accept expert opinion simply because it exists. The expert evidence must be logically defensible. A body of medical opinion that cannot withstand logical analysis will not protect a practitioner from a finding of negligence. In practice, this means that in an NHS medical negligence claim, the medical expert must not only say “this was acceptable” but must explain why it was acceptable in a way the court finds rational.
Key concept
Causation in medical negligence
Proving breach of duty is only half the test. You must also prove causation: that the negligent treatment caused your injury. In medical negligence, this means showing that on the balance of probabilities (more likely than not), your injury would not have occurred, or would have been less severe, had the treatment been delivered to the expected standard. Causation is often the most contested element of an NHS medical negligence claim because the patient already had a medical condition before the negligent treatment occurred.
Do you have a valid medical negligence claim?
Not every medical mistake amounts to negligence. Our free Claim Checker helps you understand whether your treatment may give rise to a compensation claim before you speak to a solicitor.
Answer four quick questions to receive clear guidance based on your circumstances.
Common types of NHS negligence claims
| Specialty | Share of claims | Typical claim types |
|---|---|---|
| Surgery | Largest single group | Wrong-site surgery, retained instruments, nerve damage and complications caused by inadequate surgical technique. |
| Obstetrics | 11% by volume, 53% by value | Birth injuries, delayed caesarean section, poor fetal monitoring, cerebral palsy and hypoxic-ischaemic encephalopathy (HIE). |
| Emergency medicine | Rising sharply | Missed fractures, premature discharge, triage failures and undiagnosed internal injuries. |
| General practice | Significant volume | Delayed referrals, misdiagnosis, missed cancer symptoms and prescription errors. |
| Other specialties | 38% | Anaesthetics, ENT, dermatology, ophthalmology, orthopaedics and radiology. |
What to do if you suspect NHS negligence
- Request your medical records. You have a legal right to access your full NHS medical records under the Data Protection Act 2018 and UK GDPR. The NHS Trust must provide them, usually within one month. Your solicitor can request them on your behalf.
- Keep a detailed written record of what happened, when, who was involved, what was said, and how the treatment affected you. Write this as soon as possible while the details are fresh.
- Continue your NHS treatment. Do not stop or delay any treatment your medical team recommends. A claim does not affect your right to ongoing care.
- Do not raise a formal complaint and a legal claim simultaneously without legal advice. NHS complaints and legal claims are separate processes, but what you say in a complaint can be used in the legal claim. A solicitor can advise on the best approach.
- Contact a solicitor experienced in NHS medical negligence claims. Medical negligence is a specialist area. The solicitor will review your records, obtain independent medical expert opinion, and advise whether the treatment fell below the expected standard and whether the breach caused your injury.
How much compensation for NHS medical negligence?
It depends on the injury
Compensation in an NHS medical negligence claim covers general damages for pain, suffering, and loss of amenity (assessed under the JCG 18th edition, April 2026) plus special damages for all financial losses caused by the negligent treatment.
| Injury type | Indicative range |
|---|---|
| Minor injury with full recovery | £1,000 to £4,270 |
| Moderate injury with lasting effects | £12,510 to £45,000 |
| Loss of a limb | £97,730 to £205,580 |
| Moderate brain injury | £46,580 to £237,220 |
| Severe brain injury (birth, lifetime care) | £372,570 to £533,720 |
| Moderate psychiatric injury | £6,470 to £22,510 |
| Fatal (dependency claim) | Bereavement damages plus dependency calculation |
Will making a claim affect my NHS care?
No. Your care is protected.
Your right to NHS treatment is entirely separate from any legal claim. The NHS cannot refuse, delay, or alter your treatment because you have made an NHS medical negligence claim. This is a legal right, not a discretionary policy.
In practice, the claim is managed by NHS Resolution and solicitors, not by the clinicians treating you. The clinical team providing your ongoing care may not even be aware a claim has been made. NHS Resolution operates separately from the hospital’s clinical functions. Making a claim does not put you on a list, flag your records, or change how you are treated.
The NHS has a statutory duty of candour, meaning clinicians are required to tell you when something has gone wrong with your treatment. This duty exists regardless of whether a claim is made. It is part of the NHS’s own regulatory framework, not something triggered by legal action.
How an NHS medical negligence claim works
- Free initial assessment. You speak to a solicitor who reviews what happened and advises whether it may constitute negligence.
- Medical records obtained. Your solicitor requests your full NHS records from the Trust.
- Independent medical expert review. A specialist in the relevant clinical area reviews the records and assesses whether the treatment fell below the expected standard (the Bolam test) and whether the breach caused your injury (causation).
- Letter of Claim sent to NHS Resolution. If the expert supports the claim, a formal Letter of Claim is sent setting out the breach, causation, and injuries.
- NHS Resolution investigates. The Trust has four months to respond with a Letter of Response, either admitting or denying liability.
- Negotiation. The majority of NHS medical negligence claims are resolved through negotiation, mediation, or other collaborative processes. In 2024/25, 83% of claims were resolved without court proceedings.
- Settlement or court. If agreement is reached, compensation is paid. If not, court proceedings can be issued. Of the 2,195 clinical claims that proceeded to formal litigation in 2024/25, only 24 reached trial.
How long do I have to make an NHS medical negligence claim?
Three years, but with an important nuance
Three years from the date of the negligent treatment, or three years from the date you first became aware (or should reasonably have become aware) that the treatment caused your injury. This “date of knowledge” rule is particularly important in NHS medical negligence claims because the effects of substandard treatment may not become apparent for months or years.
For children, the three-year clock does not start until their 18th birthday. For adults who lack mental capacity, the limitation period may be suspended entirely. If you are unsure whether your claim is still in time, a solicitor can assess the specific dates and advise.
Summary
An NHS medical negligence claim is brought against the NHS Trust when treatment falls below the standard expected of a competent practitioner and causes injury. The legal test is the Bolam test: whether a responsible body of medical opinion would support the treatment provided, refined by Bolitho to require that opinion to be logically defensible. The claim is handled by NHS Resolution on the Trust’s behalf, and compensation comes from the Clinical Negligence Scheme for Trusts.
In 2024/25, NHS Resolution received 14,428 new clinical negligence claims and paid out £3.1 billion in compensation and costs. A record 83% of claims were resolved without court proceedings, and of those that did proceed formally, only 29 out of 2,499 reached trial. Making a claim does not affect your right to ongoing NHS care. The time limit is three years from the date of treatment or date of knowledge.
Key takeaways
- You can sue the NHS for medical negligence if treatment fell below the expected standard and caused injury. The claim is against the Trust, not the individual clinician.
- The Bolam test assesses whether the treatment was in line with a practice accepted by a responsible body of medical opinion. The Bolitho refinement requires that opinion to be logically defensible.
- You do not need to prove the clinician was careless in a general sense, only that the treatment fell below the accepted standard and caused harm you would not otherwise have suffered.
- 14,428 new claims were received in 2024/25, and £3.1 billion was paid in compensation and costs.
- 83% of claims resolved without court. Only 29 out of 2,499 formal proceedings reached trial.
- A claim does not affect your NHS care. Your right to treatment is entirely separate from any legal action.
- Compensation is paid by CNST, not from patient care budgets. It does not reduce funding for the hospital that treated you.
- Request your medical records early. You have a legal right to them under UK GDPR.
- The time limit is three years from treatment or date of knowledge. For children, the clock starts at 18.
Sources & References
- NHS Resolution Annual Report and Accounts 2024/25 : 14,428 new clinical negligence claims; £3.1 billion paid in compensation and costs; 83% resolved without court proceedings; 29 of 2,499 proceedings reached trial; obstetrics accounted for approximately 11% of claims by volume but 53% by value; £60.3 billion provision for future liabilities.
- Bolam v Friern Hospital Management Committee [1957] : Established the legal test for medical negligence by assessing whether a clinician acted in accordance with a responsible body of medical opinion.
- Bolitho v City and Hackney Health Authority [1998] : Refined the Bolam test by confirming that expert medical opinion must also be capable of withstanding logical analysis.
- Judicial College Guidelines (18th edition, April 2026) : The recognised publication used by courts, solicitors and insurers to assess general damages for personal injury.
- Limitation Act 1980 (sections 11 and 14) : Establishes the standard three-year limitation period for personal injury claims, including the date of knowledge provisions.
- Data Protection Act 2018 & UK GDPR – Right of Access : Gives patients the legal right to obtain copies of their medical records, subject to applicable exemptions.
- Duty of Candour – Regulation 20, Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 : Requires registered healthcare providers to be open and honest with patients when a notifiable safety incident occurs.
Frequently Asked Questions
Can I sue the NHS for medical negligence?
How much compensation for NHS medical negligence?
Will a claim affect my NHS care?
What is the Bolam test?
The legal standard for assessing medical negligence. It asks whether the treatment was in line with a practice accepted by a responsible body of medical practitioners. The Bolitho refinement adds that the expert opinion must be logically defensible.
How long do I have to claim?
Three years from the treatment date or from the date of knowledge (when you became aware the treatment caused your injury). For children, the clock starts at 18. For those lacking mental capacity, the period may be suspended.
Do most NHS negligence claims go to court?
No. In 2024/25, 83% were resolved without formal legal proceedings. Of the 2,195 claims that proceeded to formal litigation, only 24 reached trial. Most claims settle through negotiation or mediation between the solicitor and NHS Resolution.
Glossary of Key Terms
Disclaimer: The information on this page is for general guidance only and does not constitute legal advice. Compensation outcomes vary by individual case and depend on the specific facts and evidence. Claim Time Solicitors is authorised and regulated by the Solicitors Regulation Authority (ID No. 444171) and accredited by The Law Society . No Win No Fee refers to a Conditional Fee Agreement; the solicitor’s success fee is capped at 25% of compensation recovered. Terms apply.
