Thinking About Claiming Against the NHS? Here’s What You Need to Know

Making a claim against the NHS is not a decision most people take lightly. For a lot of people, it sits at the back of their mind for months – sometimes years – before they do anything about it. There are questions, doubts, worries about consequences, and often a real reluctance to take on an institution that most of us have relied on at some point in our lives.

That hesitation is completely understandable. But it also means a lot of people with perfectly legitimate claims never pursue them – not because they don’t have a case, but because they don’t know where to start or they’re worried about what might happen if they do.

This guide is here to answer the questions we hear most often. From whether you can actually claim, to how the process works, to whether making a claim will affect your future care – here’s what you actually need to know.

Can You Actually Make a Claim Against the NHS?

Yes, you can. The NHS, like any other healthcare provider, has a duty of care to its patients. When that duty of care falls short and causes harm, you have the right to seek compensation.

Medical negligence, in legal terms, means that something went wrong with your care that shouldn’t have – and that failure caused you harm. Claims against the NHS in England are handled by NHS Resolution, a government body set up specifically for that purpose. You’re not suing an individual doctor or nurse. You’re making a legal claim through a process that exists precisely because these situations happen.

Claiming is a legal right. It is not an attack on the NHS, and it’s not something to feel guilty about.

What Counts as Medical Negligence?

This is where a lot of people get stuck. They know something went wrong, but they’re not sure whether it legally amounts to negligence.

There’s a two-part test. First, the care you received fell below the standard expected of a reasonably competent healthcare professional. Second, that substandard care caused you harm you wouldn’t otherwise have suffered.

Both parts need to be present. A bad outcome on its own isn’t negligence – medicine is complex and not every procedure or treatment goes to plan. But when something goes wrong because of a failure in care, and you’re worse off as a result, that’s when negligence may apply.

Common examples include misdiagnosis or delayed diagnosis, surgical errors, medication mistakes, birth injuries, and failure to refer a patient to the right specialist in time. But these are just the most frequent – negligence can occur in all kinds of situations across NHS and private healthcare settings.

How Long Do You Have to Make a Claim?

In most cases, you have three years from the date of the negligence – or from the date you became aware that negligence may have occurred. That second point matters, because sometimes people don’t realise something went wrong straight away.

There are exceptions. Children have until their 21st birthday to bring a claim. People without mental capacity have different rules that apply to their situation. And in cases involving a birth injury to a child, the three year clock starts from their 18th birthday.

The key thing is not to sit on it. Evidence is easier to gather sooner rather than later, and the sooner you get advice, the clearer your position will be.

How Does the NHS Negligence Claims Process Work?

It can feel like an intimidating process from the outside, but broken down into steps it’s much more manageable – especially with the right solicitor alongside you.

Getting Legal Advice

This is always the first step. Find a solicitor who specialises in medical negligence – not a general practice firm, but someone who does this day in, day out. Many medical negligence solicitors work on a no win no fee basis, which means there’s no financial risk to you in getting advice.

When you come in for an initial consultation, bring whatever you have – correspondence from the hospital, any letters from your GP, a timeline of events as best you can recall it. You don’t need to have everything perfectly organised. That’s what the solicitor is there to help with.

Gathering Evidence

Your solicitor will lead on this. Medical records, independent expert opinions, witness accounts – building the evidence is their job, not yours. You won’t be left to figure it out alone.

Letter of Claim

Once the evidence has been gathered and reviewed, your solicitor will send a formal letter of claim to NHS Resolution. This sets out what happened, why it amounts to negligence, and what you’re claiming for. NHS Resolution then has a set period to investigate and respond.

Settlement or Court

The vast majority of claims never get anywhere near a courtroom. Most are settled through negotiation. If a settlement is reached, you receive your compensation without ever having to go to court. If the case is disputed, it may proceed to litigation – but your solicitor will talk you through that if and when it becomes relevant.

How Often Does the NHS Settle Out of Court?

More often than most people realise. NHS Resolution’s own data consistently shows that the overwhelming majority of clinical negligence claims are resolved without going to court. In many cases, claims are settled before proceedings are even issued.

Settlement is generally in everyone’s interest. It avoids the cost, time and uncertainty of a trial, and it gets the right outcome for the claimant without years of drawn-out litigation. Going to court is the exception, not the rule – and it’s worth knowing that before the worry of it puts you off making a claim in the first place.

Will Making a Claim Affect My Future NHS Care?

This is one of the most common concerns we hear, and the answer is no – it shouldn’t affect your care at all.

Your right to NHS treatment is completely separate from any claim you make. The claims process is handled by NHS Resolution, which sits entirely apart from the clinical teams responsible for your ongoing care. Your GP surgery, your consultant, your treatment pathway – none of that is linked to a claim you’ve made.

It’s also worth understanding how the funding works. NHS Resolution holds separate ring-fenced funds specifically for settling negligence claims. That money doesn’t come out of ward budgets or GP practice funds, and it doesn’t affect the treatment available to other patients. The two things operate independently of each other.

The worry is completely understandable – and it comes from a decent place. But it shouldn’t be the reason you don’t pursue something you’re entitled to.

Does Making a Claim Hurt the NHS?

This is the guilt question, and it stops more people than you’d think.

The short answer is no – not in the way most people imagine. NHS Resolution exists specifically to manage and settle clinical negligence claims. It’s not a surprise burden on the system; it’s a funded, built-in part of how the NHS operates. These claims are anticipated and budgeted for.

There’s also another way to look at it. Successful negligence claims regularly lead to improvements in procedures, training and patient safety. When something goes wrong and it’s properly examined, lessons get learned. Standards improve. In that sense, making a claim isn’t just about your own compensation – it can be part of what stops the same thing happening to someone else.

Holding any healthcare provider accountable when care falls short isn’t an act of hostility. It’s the system working as it should.

What Compensation Can You Claim For?

Compensation in medical negligence cases generally falls into two categories.

General damages cover the pain, suffering and loss of quality of life caused by the negligence. Special damages cover the financial impact – lost earnings, the cost of care, future treatment, adaptations to your home or lifestyle, and any other out-of-pocket expenses directly caused by what happened.

In serious cases, particularly those involving life-changing injuries or birth injuries with long-term consequences, compensation can be significant. Every case is different, and a solicitor will give you a proper assessment of what yours might be worth.

Most medical negligence claims at Liberay Legal are handled on a no win no fee basis, so there’s no financial risk to you in finding out.

Common Reasons People Don’t Claim – And Why They Shouldn’t Hold You Back

“I don’t want to cause trouble for the staff involved.” Making a claim doesn’t mean pursuing an individual doctor or nurse personally. In almost all cases, liability sits with the NHS trust or organisation, not the individual clinician.

“It’ll take too long and cost too much.” No win no fee means no upfront cost to you. And while some cases do take time, many resolve far more quickly than people expect.

“I’m not sure it was actually negligence.” That’s precisely why you speak to a specialist solicitor. It’s their job to assess that – not yours.

“It won’t change anything.” It might. Compensation brings financial security and, for many people, a sense of closure. And as mentioned above, successful claims can drive real changes in how care is delivered.

How Liberay Legal Can Help

Our clinical negligence team, led by Carlos Lopez, specialises in exactly these kinds of cases. We work with some of the country’s leading medical experts to build the strongest possible case, and we won’t rush a claim at the expense of the outcome you deserve.

We handle most cases on a no win no fee basis, and we’ll always be straight with you about what we think from the very first conversation.

Ready to Talk It Through?

Whether you’re at the very beginning and don’t know where to start, or you’ve already been through the complaints process and are still without the answers you came for, our team is here to help.

Get in touch with Liberay Legal today for a free, no-obligation conversation with one of our specialist medical negligence solicitors. We’ll listen, we’ll be straight with you about what we think, and we’ll be with you every step of the way.