Nayyars Solicitors · Medical Negligence Guide

Suing the NHS: How a Medical Negligence Claim Works

Most people feel deeply grateful to the NHS, which is exactly why the idea of making a claim against it can feel so uncomfortable. You might worry that it is taking money away from patients, that it will affect your future care, or that the process will be long and adversarial. Those feelings are completely understandable.

But when NHS care falls below an acceptable standard and causes avoidable harm, the law gives you the right to compensation, and the system is set up to handle these claims. Suing the NHS for medical negligence is a structured process with clear steps, and claims are dealt with by a specialist body rather than the doctors and nurses who treated you.

This guide explains who you actually claim against, what you need to prove, each stage of the process, how long it takes, and how it is funded. Our medical negligence solicitors bring claims against NHS trusts and GP practices across England and Wales.

Who do you claim against?

When you sue the NHS, you do not usually bring a claim against an individual doctor, nurse or midwife. In England, claims about hospital care are made against the NHS trust responsible, and they are handled by NHS Resolution, the body that manages negligence claims on behalf of the NHS. Since April 2019, claims about NHS GP services in England have also been covered by a state indemnity scheme run by NHS Resolution.

In Wales, claims are handled through NHS Wales's own arrangements, and there is a separate redress process for some lower-value cases. High street NHS dentists are different again: they hold their own indemnity, so claims are usually brought against the dentist personally.

Knowing who the right defendant is matters, because claims must be directed correctly and in time. Our hospital negligence solicitors will identify the correct organisation at the outset.

What you need to prove

Every medical negligence claim rests on two questions. The first is breach of duty: did the care fall below the standard of a reasonably competent professional in that field? The courts ask whether a responsible body of medical opinion would have supported what was done, while also requiring that the opinion stands up to logical scrutiny.

The second is causation: did that failure cause your injury, or make it worse, compared with what would have happened with proper care? This is often the hardest part. In a delayed diagnosis case, for example, experts must consider what the outcome would have been if the condition had been picked up at the right time.

Consent can also be an issue. Clinicians must explain the material risks of a treatment and the reasonable alternatives. If you were not warned of a significant risk that then happened, and you would have chosen differently, that may support a claim.

Should you complain first?

You do not have to make a complaint before starting a claim, but many people do. The NHS complaints procedure can give you an explanation, an apology and reassurance that lessons will be learned. NHS organisations also have a legal duty of candour, which means they must be open with you when something has gone wrong.

A complaint will not lead to compensation, though, and it does not pause the time limit for a claim. Any response you receive can be useful evidence, so it is worth sharing with your solicitor.

The claims process step by step

NHS claims follow the court's Pre-Action Protocol for the Resolution of Clinical Disputes, which is designed to encourage early settlement. The main stages are:

1. Initial advice. A free discussion with a solicitor about what happened and whether a claim may be possible.
2. Medical records. Your solicitor requests your records from the hospital, GP and any other providers.
3. Expert evidence. Independent medical experts review the records and report on breach of duty and causation.
4. Letter of Claim. A detailed letter is sent to the NHS body setting out the allegations and the harm caused.
5. Letter of Response. The NHS body normally has four months to investigate and reply, either admitting or denying liability.
6. Valuing the claim. Further expert evidence is gathered on your injuries, future needs and financial losses.
7. Settlement or court. Your solicitor negotiates a settlement, or issues court proceedings if agreement cannot be reached.

Even after proceedings are issued, the vast majority of cases settle before a trial, often after a settlement meeting or mediation. If liability is admitted early, it may be possible to ask for interim payments to help with costs such as care or adaptations while the full value is worked out.

What compensation can cover

Compensation has two parts. General damages reflect your pain, suffering and the impact on your quality of life, valued using the Judicial College Guidelines and previous court decisions. Special damages cover your financial losses, both past and future.

Financial losses can include lost earnings and pension, the cost of care (including care given by family members), private treatment and therapy, equipment, adaptations to your home and travel expenses. In the most serious cases, such as severe birth injuries, future losses may be paid as annual payments for life, known as periodical payments, alongside a lump sum.

Where negligence has led to a death, the family may be able to claim for funeral costs, loss of financial support and a statutory bereavement award. Our fatal claims team supports families through this, including at inquests.

How long does it take?

There is no fixed timescale. A straightforward claim where liability is admitted early may settle in around 12 to 18 months. Complex cases, particularly those involving serious injuries, children or disputed causation, can take several years, because the full extent of the injury and future needs must be understood before the claim can be valued.

Time limits also apply. You generally have three years to start court proceedings, running from the date of the negligence or the date you first knew you had been harmed. For children, the three years start at 18, and for people who lack mental capacity the time limit may not run at all. It is always best to seek advice early.

How claims are funded

Most claims against the NHS are funded on a no win, no fee basis through a conditional fee agreement. If the claim is unsuccessful, you do not pay your solicitor's fees. If it succeeds, most of your legal costs are paid by the NHS body, and a success fee is deducted from your compensation, capped by law at 25% of your damages for pain and suffering and past losses.

Insurance is usually taken out to cover expert fees and other costs if the claim fails. Legal aid is no longer available for most medical negligence claims, but it remains available for some cases involving babies who suffer serious brain injuries during pregnancy, birth or shortly after.

Common worries about suing the NHS

Many people worry that making a claim will affect their future treatment. It will not. You have the same right to NHS care whether or not you bring a claim, and you can ask to be treated by a different clinician if that would make you more comfortable.

Others feel guilty about taking money from the NHS. Compensation exists to put you, as far as money can, back in the position you would have been in without the negligence, often to pay for care and support that you would otherwise go without. Claims also help the NHS learn from mistakes, which protects future patients.

Frequently asked questions

Can you sue the NHS for medical negligence?

Yes. If NHS care fell below an acceptable standard and caused you avoidable harm, you can claim compensation. In England, claims against NHS trusts and GP practices are handled by NHS Resolution.

How long does it take to sue the NHS?

Simpler claims where liability is admitted can settle in around 12 to 18 months. Complex claims, especially those involving serious or long-term injuries, can take several years to resolve.

Will suing the NHS affect my future treatment?

No. Making a claim does not affect your right to NHS treatment. You can also ask to be seen by a different clinician if you would prefer.

Do I have to go to court to sue the NHS?

Usually not. Most medical negligence claims against the NHS settle through negotiation, and very few reach a trial. Court proceedings may be issued to protect the time limit or move the claim forward, but settlement is still the most common outcome.

Who pays compensation when you sue the NHS?

For claims against NHS trusts and GP practices in England, compensation is paid through schemes managed by NHS Resolution, not by the individual doctor or nurse who treated you.

Conclusion

Suing the NHS can feel daunting, but the process is well established. Claims are handled by NHS Resolution rather than the clinicians who treated you, they follow a clear pre-action process, and most settle without a trial. To succeed, you need to show that your care fell below an acceptable standard and that this caused you avoidable harm.

Time limits apply and expert evidence is essential, so early advice makes a real difference. With the right support, you can get answers, compensation for what you have been through and the resources you need for the future.

This article is for general information only and does not constitute legal advice. Every case depends on its own facts, so please contact Nayyars Solicitors for advice specific to your situation.