By Stephen Chambers. Last Updated 17 September 2025. If you have suffered unnecessarily because of substandard medical treatment, you may be able to sue the NHS for negligence. To claim successfully, you need to prove that the standard of care you received fell below minimum expectations, such as a negligent misdiagnosis of breast cancer, directly resulting in otherwise avoidable harm. Usually, there is a time limit of 3 years to start a claim, either from the date of the negligence or the point you became aware of it. If you consult with a medical negligence solicitor, they can assess your claim and help you collect evidence.
In this article, we’ll explain how you could sue the NHS in order to get the compensation that you deserve.
Whether you’re looking for legal help or simply some advice, please don’t hesitate to get in touch with us today. For no charge at all, we can offer you a specialist consultation tailored to your unique case, providing you with information on everything discussed in this article and more.
If you’re happy to proceed, our advisors can even connect you with our panel of medical negligence lawyers who can offer expert support in making your claim. What’s more, they’re committed to always providing a No Win No Fee service to their clients, meaning you won’t have to pay them anything unless they win your compensation for you.
With years of experience successfully handling everything from NHS medical negligence cases to personal injury claims, why not get your free consultation today to see how they could help you?
- Fill in one of our contact forms for us to give you a callback
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Select a Section
- How To Sue The NHS For Medical Negligence
- Why Would You Sue The NHS?
- What Evidence Do I Need To Sue The NHS?
- Time Limits To Sue The NHS
- What Should I Do If I Suffer From Medical Negligence?
- What Is The Average Payout For A Medical Negligence Claim?
- How To Sue The NHS On A No Win No Fee Basis
- Contact Our Team
- Additional Materials On How To Sue The NHS
How To Sue The NHS For Medical Negligence
All medical professionals owe you a duty of care. This applies regardless of whether they work for the NHS or a private medical institution. Per their duty of care, they must ensure that they provide you with the minimum expected standard of care when treating you. Should they provide care lower than this expected standard, this could cause you to suffer harm that may have otherwise been avoided.
How to Sue the NHS
- Get Legal Advice: Speak to a solicitor specialising in NHS negligence claims.
- Letter of Claim: Your solicitor writes to the NHS Trust outlining your case and compensation request.
- NHS Response: The NHS has up to four months to admit or deny liability.
- Collect Evidence: Such as medical records, witness statements, and expert opinions.
- Fund Your Claim: Often covered by No Win, No Fee; legal aid or insurance may also apply.
- Court Action: If no settlement is reached, a judge decides if negligence occurred and what compensation is due.
To be able to make a medical negligence claim, you must prove the following factors apply to your case:
- You were owed a duty of care by a medical professional.
- This duty was breached.
- This breach caused you to suffer avoidable or unnecessary harm.
For further advice regarding how to sue the NHS if you were potentially to be harmed by them, you can contact our advisors.
Why Would You Sue The NHS?
If your suffering was avoidable, meaning the NHS could have prevented it by adhering to what’s expected of them as part of their duty of care, then they could be held liable for this negligence if you can prove their failings.
However, it’s important to note that you must begin your claim within 3 years of the incident or the date that you realised you’d been caused to suffer as a result of it. Otherwise, you risk becoming ineligible for compensation that you may have been previously entitled to if you don’t act fast.
NHS Compensation Payouts Soar
The NHS paid out a record £2.8 billion in compensation last year.
This figure is over 140% higher than the £1.2 billion paid in 2014/15.
Whether you’re looking for legal help or simply some advice, please don’t hesitate to get in touch with us today. For no charge at all, we can offer you a specialist consultation tailored to your unique case and can connect you with a medical negligence solicitor.
Alternatively, please refer to the next few sections for some examples of why you may wish to sue the NHS and how you might be entitled to do so.
Misdiagnosis
Have you received a misdiagnosis – or worse, a missed diagnosis altogether – that led you to suffer? If you believe the NHS to be responsible for this, then you could be entitled to compensation.
Some common grounds for NHS medical negligence claims of this type include:
- Receiving an incorrect diagnosis
- No disease being diagnosed at all
If you have a feeling that your diagnosis or lack of diagnosis could be incorrect, it’s important that you don’t ignore the signs and explore any alternatives that could provide an explanation with the help of your healthcare professional.
As misdiagnoses are preventable, you could have grounds to claim against the NHS if their failings were responsible for your subsequent suffering. Whether you’re looking for legal help or simply some advice on NHS negligence claims involving a misdiagnosis, please don’t hesitate to get in touch with us today for a free consultation on your circumstances.
Pregnancy And Birth Injuries
Another reason why you may wish to sue the NHS is if you or your baby were caused to suffer a pregnancy or birth injury as a result of the organisation’s failures.
Some examples of medical negligence in a maternity setting include:
- Improper NICU care resulting in a birth injury
- Mismanaged emergency procedures resulting in things like fetal distress
- Excessive pressure on the baby’s head (e.g. by forceps) causing a traumatic birth injury
- Failure to quickly deliver a baby with oxygen deprivation causing birth asphyxia
We know how distressing it can be to think that you or your baby were harmed as a result of the NHS’ failings. Whether you’re looking for legal help or simply some advice, please don’t hesitate to get in touch with us today for a free consultation on your circumstances.
Never Events
A Never Event is defined by the NHS as a serious incident that was entirely preventable due to guidelines being in place. As any patient subjected to a Never Event may be seriously harmed or even killed as a result, the severity of these incidents must be met with full investigations into how they occurred.
Some examples of Never Events could include:
- Your surgery being performed on the wrong site
- A foreign object being left inside you after surgery
- Being administered feed through a wrongly placed gastric tube
- Being administered medication through the wrong route
Have you experienced a never event while in NHS care? Do you want to sue the NHS for their negligence that caused you to suffer?
Hospital-Acquired Infection Claims
Hospital-acquired infections are a collective term referring to a range of pathogens predominantly acquired in healthcare settings. Perhaps the best known of these is MRSA, an antibiotic-resistant bacterium that is sometimes referred to as a “superbug” due to its resistance to various medications.
This means hospital-acquired infections can potentially be very serious. Some examples of how such infections could be acquired include:
- Failure to sterilise surgical instruments resulted in a serious infection in your leg following a knee surgery. The extent of the disease meant the limb later had to be amputated.
- Poor hygiene standards on the ward caused an MRSA outbreak where you and a number of other patients were infected.
These sections cover just some of the incidents where compensation could potentially be sought. To learn more about how to sue the NHS in your particular case, talk to one of our advisors today using the details given below.
What Is The Claims Process For Suing The NHS?
The claims process for suing the NHS follows the Pre-Action Protocol for the Resolution of Clinical Disputes. The overall aims of the Protocol are to maintain the patient/healthcare provider relationship, reduce costs and delays and to resolve disputes without the need for litigation.
NHS Claims Process
Understanding the Pre-Action Protocol for the Resolution of Clinical Disputes. The aim is to maintain the patient/healthcare provider relationship, reduce costs and delays, and resolve disputes without litigation.
Obtaining Health Records
The claimant should request their provider's relevant health records. Be as specific as possible about which records are required for the initial investigation.
Rehabilitation
Both parties should consider, as early in this process as possible, what rehabilitation or other treatment measures the claimant requires, and ensure their needs are addressed.
Letter of Claim
- Summary of facts, allegations of substandard care, and adverse outcome.
- Description of harm, current condition and prognosis.
- Summary of any financial losses sustained.
- Confirmation of how the claim is to be funded.
- Discipline of any experts who have already provided evidence.
Legal proceedings should not be issued until 4 months after the Letter of Claim.
Letter of Response
Within 14 days of receipt, the defendant acknowledges and identifies who is dealing with the matter. They then have 4 months to issue a full response, including:
- Whether the claim is admitted (fully/in part) or denied.
- If denied, provide specific reasoning as to which facts are in dispute.
- Disciplines of any relied-upon experts.
- Copies of any relied-upon documents.
Experts
Expert witnesses may be instructed by both parties. Co-operation is encouraged to agree on appropriate medical specialism and instruct experts jointly where possible.
Alternative Dispute Resolution (ADR)
ADR methods facilitate resolutions without litigation. Methods include:
- Negotiation: Representatives discuss to reach a settlement.
- Mediation: A third party facilitates the resolution.
- Arbitration: A third party decides the dispute.
If ADR does not result, the claim will be heard in the County Court. The solicitor will instruct a suitable barrister to present a case at the hearing. The team at How To Sue fully understands how confusing and intimidating it must seem. We want to assure you that if you are eligible to begin a medical negligence claim, a solicitor from our expert panel will be with you every step of the way.
To learn more about how to sue the NHS, get in touch with our advisors using the contact information given below.
What Evidence Do I Need To Sue The NHS?
When it comes to NHS negligence claims, evidence is vital. Without sufficient evidence, it’s difficult to prove liability or fault on the part of the medical professional or organisation.
Here’s a breakdown of some of the most important pieces of evidence you need:
- Medical notes or letters from your doctor or hospital – If you have received negligent care, you may have received a letter from the NHS explaining the errors and the next steps to rectify them. This can prove to be a very important piece of evidence. If you do not have this, letters or notes relating to the treatment received can also prove useful.
- Details of any witnesses – if you attended appointments with a family member or friends, they could substantiate your claim by confirming your version of events. Providing your medical negligence lawyers with their contact information can be an important step.
- Further medical evidence – If you are eligible to make a claim, the solicitor could instruct a medical expert to undertake an independent medical exam.
The best thing to do is to supply your medical negligence solicitors with as much evidence as you have at the outset of your claim. This way, they can provide a proper assessment of your chances of success and advise whether or not further evidence is required.
Time Limits To Sue The NHS
You typically have 3 years to start a medical negligence claim. This is according to the Limitation Act 1980 and NHS Resolution. However, this time limit won’t apply in certain cases:
- Minors: Since minors cannot legally claim for themselves until the age of 18, the time limit won’t apply until then. After their 18th birthday, the minors have 3 years to start their claim.
- Reduced Mental Capacity: If a person doesn’t possess the mental capacity to claim for themselves, no time limit will apply. However, if and when this mental capacity returns, the time limit of 3 years will begin.
While waiting for the time limit to start, the individual’s loved ones or any trusted person could apply on their behalf by becoming a litigation friend. This option is available until:
- The minor’s 18th birthday.
- The individual’s mental capacity returns.
The court will make the appointment after determining the person’s suitability:
- There’s no conflict of interest.
- The person can make fair and competent decisions.
Speak to our advisors for more information about time limits, the role of litigation friends, and how to sue the NHS.
What Should I Do If I Suffer From Medical Negligence?
Did you know that you could also claim on behalf of someone else that’s died as a result of the NHS’ medical negligence or isn’t able to take legal action themselves as they don’t have the capacity? Providing that you’re their next of kin and can evidence the claim, it’s worth looking into whether you could get them the compensation that they deserve.
By going down the route of following the NHS’ complaints procedure, you could be able to learn more about the situation in question before pursuing legal action for it. If you decide to make a claim, you can expect NHS Resolution to represent the defence.
However, making a claim against the NHS can be challenging. With this in mind, did you know that a solicitor could not only help your claim’s chances but even maximise the amount of compensation that you get out of it?
Whether you’re looking for legal help or simply some advice, please don’t hesitate to get in touch with us today. You could be connected to our panel of clinical negligence lawyers who can offer expert support in making your claim. What’s more, they’re committed to always providing a No Win No Fee service to their clients, meaning you won’t have to pay them anything unless they win your compensation for you.
Why not get your free consultation today to see how they could help you?
What Is The Average Payout For A Medical Negligence Claim?
Providing an average amount of compensation when suing the NHS would not aid you in your calculations. This is because each and every claim is unique to the claimant. No two compensation claims are ever identical. So, for this reason, we advise calling our experienced advisors who can assess your case and provide a more accurate estimate. However, in this guide, we can tell you how medical negligence compensation is calculated.
If you successfully sue the NHS for negligence, your compensation could potentially be made up of two heads of claim – special and general damages.
General damages is awarded to all successful claimants and covers the way you’ve been physically and psychologically affected by your avoidable harm. Such factors will need to be considered under this head of claim:
- The prognosis.
- The severity.
- Loss of amenity.
Your independent medical records and the Judicial College Guidelines (JCG) may be used by legal professionals to help them calculate your general damages. The JCG is a document that has guideline compensation brackets for different types of physical and psychological harm.
What Is The NHS Redress Act 2006?
The NHS Redress Act 2006 provided a streamlined and non-adversarial process for medical negligence claims. The 2006 Act establishes the NHS Redress Scheme, a framework of legislation for handling financial compensation in cases of low monetary value.
The following forms of redress can be offered to claimants who are found to qualify:
- A written apology for the conduct of the medical professionals.
- A report on the action taken, or that will be taken, to prevent similar incidents in the future.
- Payment of compensation up to £25,000.
- Offers of additional treatment or rehabilitation measures.
Statistics
The annual statistics from NHS Resolution show that in the 2024/25 financial year, a total of 14,428 new claims were made against NHS providers. A more detailed breakdown of this number is given below:
- Of that total number, the department with the highest number of claims was emergency medicine, with 1,598 claims. This was followed by orthopaedic surgery, with 1,324 claims, and obstetrics without brain damage was a close third at 1,286.
- The total sum paid out across all claims last year was £3.1 billion, a sharp increase from 2023-2024.
Compensation Guidelines
In our table, we’ve provided a few brackets from the guidelines. Additionally, we provide a figure in the top row that shows how you can be compensated for multiple types of harm plus related expenses (more on these expenses below the table). Please note that this figure was not taken from the Judicial College Guidelines. Also note that, as all medical negligence claims are different, this table is only for illustrative purposes.
| Injury/Harm | Severity | Guideline Compensation |
|---|---|---|
| Multiple Instances Of Severe Harm And Special Damages Such As Lost Earnings | Very Severe | Up to £1,000,000+ |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Injuries Affecting Sight | Total Blindness | In the Region of £327,940 |
| Kidney | Both Kidneys - Serious and Permanent Loss/Damage | £206,730 to £256,780 |
| Kidney | One Kidney - Loss | £37,550 to £54,760 |
| Bowel Injuries | Double Incontinence | Up to £224,790 |
| Epilepsy | Established Grand Mal | £124,470 to £183,190 |
| Post-Traumatic Stress Disorder (PTSD) | Severe | £73,050 to £122,850 |
| Impairment of Taste and Smell | Total Loss of Taste And Smell | In the Region of £47,810 |
Special Damages
Special damages are only awarded to some successful claimants. This category covers the way you’ve been financially affected by your avoidable harm.
You can be reimbursed for:
- Lost wages.
- Medical expenses, such as physical therapy and prescriptions.
- Domestic help, such as with childcare while you recover.
- Nursing care.
You must provide evidence if you wish to receive special damages, such as invoices, payslips, receipts, and bank statements.
For more information on how to sue the NHS and calculating medical negligence compensation, please contact us today.
How To Sue The NHS On A No Win No Fee Basis
Now that we’ve explored how to sue the NHS if you have a valid medical negligence claim, let’s talk about No Win No Fee agreements.
No Win No Fee agreements are a type of contract that a solicitor can work under. When a solicitor agrees to take on your case on a No Win No Fee basis, it means:
- You don’t have to pay for them to start working on your claim.
- You don’t have to pay for their services to continue.
- You don’t have to pay for their work if the claim fails.
If the claim succeeds, your solicitor will take a small percentage of your compensation as a success fee.
Working with a No Win No Fee solicitor can come with many benefits because they can help you:
- Gather evidence.
- Talk to the other side.
- Make sure to file your claim within the time limit.
- Understand technical legal terms.
- Negotiate a settlement.
- Present your claim in court, if necessary.
Our panel of expert solicitors work on a No Win No Fee basis, and provides their clients with a Conditional Fee Agreement (CFA). To find out if a solicitor from our panel could help you, or for more information on when you may be able to sue the NHS for medical negligence, you can contact our advisors.
Can I Sue Without A Solicitor?
While there is no requirement to use a solicitor for any claim, having a trained and experienced legal professional guide you through the process will definitely give your claim a better chance of succeeding.
Is It Ethical To Sue The NHS?
100%. We understand that people may have concerns about making an NHS claim. However, the budgets for healthcare and budgets for settling clinical disputes are entirely separate, so your claim will not affect the provision of any health services.
Will Making A Claim Affect My Current Treatment?
Making a claim will not affect your current or future treatment. You are, of course, more than entitled to request a hospital transfer or a different doctor following your claim.
Can You Sue The NHS For The Death Of A Loved One?
Yes, you could sue the NHS for the death of a loved one. This would require you to make a fatal medical negligence claim, which our advisors can tell you more about.
Can You Sue The NHS For A Stillbirth?
In order to sue the NHS for a stillbirth, you’d need to be able to demonstrate the baby was lost as a result of the care you received during your pregnancy falling below the correct standards. Talk to our advisors for more information.
Does the NHS Settle Out Of Court?
Yes, they do. Most claims, regardless of the area of law, settle out of court as the Pre-action Protocols are designed to provide as many opportunities for a resolution as possible. If your claim does progress to court, however, then the solicitor from our panel will explain the process in detail and ensure you get the best advocate possible.
Contact Our Team
Whether you’re looking for legal help or simply some advice, please don’t hesitate to get in touch with us today. For no charge at all, we can offer you a specialist consultation tailored to your case.
If you’re happy to proceed, our advisors can even connect you with our panel of clinical negligence claims lawyers. With years of experience successfully handling everything from medical negligence cases to personal injury claims, why not get your free consultation today to see how they could help you?
- Fill in one of our contact forms for us to give you a callback
- Use the chat feature at the bottom of your screen to speak to one of our advisors live
- Call us on 0800 408 7827