1. What Is Negligence in the NHS?
Negligence in the NHS occurs when an NHS healthcare professional fails to meet an acceptable standard of care, resulting in harm to a patient. This may involve misdiagnosis, incorrect treatment, delays, or a lack of informed consent.
2. How Does NHS Negligence Happen?
Common examples include:
- Misdiagnosis or delayed diagnosis
- Surgical errors (e.g., wrong-site surgery)
- Birth injuries to mother or baby
- Prescription errors or drug overdoses
- Failure to refer or follow up on serious symptoms
- Infections due to poor hygiene or sterilisation
- Ignoring patient concerns or failing to obtain consent
These incidents can occur in hospitals, GP surgeries, dental practices, or care homes operated under the NHS.
3. Can You Sue the NHS for Negligence?
Yes. You can make a medical negligence claim against the NHS if:
- The care you received was below acceptable standards
- This caused physical or psychological harm
- The claim is brought within the legal time limit (usually three years)
Claims are typically handled by NHS Resolution, the body that manages legal claims against the NHS.
4. How to Prove NHS Negligence
To succeed with a claim, you must prove:
- Duty of care existed
- The NHS provider breached that duty
- You suffered harm directly as a result
This often requires:
- Medical records
- Independent expert opinions
- Testimonies and documentation of harm
A solicitor will guide you through this process.
5. How Much Compensation Can You Receive?
Payouts vary depending on the severity and long-term impact of the harm caused.
Examples:
- Minor surgical errors: £1,000 – £10,000
- Moderate misdiagnosis (e.g., delayed cancer diagnosis): £10,000 – £100,000
- Serious birth injuries or permanent disability: £100,000 – £1,000,000+
Damages include:
- General damages: Pain, suffering, loss of quality of life
- Special damages: Medical costs, care needs, lost earnings, future treatment, travel costs
6. Time Limits for NHS Negligence Claims
You generally have three years from:
- The date of the negligent incident, or
- The date you became aware that negligence caused your harm
Exceptions apply for:
- Children (clock starts at age 18)
- People lacking mental capacity (no time limit while incapacity persists)
- Fatal cases (three years from date of death or post-mortem findings)
7. How to Start a Claim Against the NHS
- Obtain your medical records
- Speak to a specialist medical negligence solicitor
- Your solicitor will arrange expert medical reviews
- A Letter of Claim is sent to NHS Resolution
- Settlement negotiations begin or court proceedings may follow
8. No Win No Fee for NHS Negligence Claims
Most solicitors offer no win no fee arrangements:
- No upfront legal costs
- You only pay if your claim is successful
- Success fee capped at 25% of your compensation
This makes justice accessible, regardless of your finances.
Frequently Asked Questions
Q1: Can I claim even if I signed a consent form?
Yes. Consent does not protect against substandard or negligent care.
Q2: Do all poor outcomes mean negligence?
No. A poor outcome does not equal negligence unless the standard of care was below what is reasonably expected.
Q3: What if I’m still receiving care from the NHS?
You can still claim. It may be advisable to transfer care to avoid conflicts or discomfort.
Q4: How long does an NHS negligence claim take?
Most claims take 12–36 months, depending on complexity and whether liability is admitted.
Q5: Will my claim go to court?
Only if settlement is not reached. Most NHS claims are settled out of court.
Q6: Can I claim on behalf of someone else?
Yes. You can claim for a child, a deceased family member, or someone lacking capacity.
Conclusion
Suffering from negligence in the NHS can be devastating—but the law is on your side. Whether the harm was physical, emotional, or financial, you have the right to seek justice and compensation. With expert legal help and a no win no fee option, you can pursue your claim confidently and begin your recovery with support.
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